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THE  COMMONWEALTH  OF  MASSACHUSETTS 
BULLETIN  OF  THE  DEPARTMENT  OF  EDUCATION 
1921.  NUMBER  9  WHOLE  NUMBER.  129 


GENERAL   LAWS 


Relating  to  Education 


ENACTED  BY  THE  LEGISLATURE  ON  DECEMBER  7, 1920, 
TO  TAKE  EFFECT  JANUARY  1,  1921;  ALSO  SUB- 
SEQUENT AMENDMENTS  AND  ADDITIONS 
ENACTED   IN  1921 


BOSTON 

WRIGHT  &  POTTER  PRINTING  CO..  STATE  PRINTERS 

32  DERNE  STREET 

1921 


/^ojjr^as^+b.       Uu;.5^  5-bfu+«,  a-fc. 


Ill 


THE  COMMONWEALTH  OF  MASSACHUSETTS 
BULLETIN  OF  THE  DEPARTMENT  OF  EDUCATION 
1921.   NUMBER  9  WHOLE  NUMBER.   129 


GENERAL   LAWS 


Relating  to  Education 


ENACTED  BY  THE  LEGISLATURE  ON  DECEMBER  7,  1920, 
TO  TAKE  EFFECT  JANUARY  1,  1921;  ALSO  SUB- 
SEQUENT AMENDMENTS  AND  ADDITIONS 
ENACTED   IN   1921 


BOSTON 

WRIGHT  &  POTTER  PRINTING  CO.,  STATE  PRINTERS 

32  DERNE  STREET 

1921 


5 
l9Zi 


Publication  of  this  Document 

approved  bt  the 
Supervisor  of  Administration. 


DEPARTMENT   OF   EDUCATION. 


Commissioner  of  Education. 

PAYSON   SMITH, 
State  House,  Boston. 

Advisory  Board  of  Education. 

Sarah  Louise  Arnold,  Simmons  College,  Boston. 
Ella  Lyman  Cabot,  1  Marlborough  Street,  Boston. 
A.  Lincoln  Filene,  416  Washington  Street,  Boston. 
Frederick  P.  Fish,  84  State  Street,  Boston. 
Walter  V.  McDuffee,  Central  High  School,  Springfield. 
Thomas  H.  Sullivan,  Slater  Building,  Worcester. 

The  Department  of  Education. 

Division  of  Elementary  and  Secondary  Education  and  Normal  Schools. 

Division  of  Vocational  Education. 

Division  of  University  Extension. 

Division  of  Immigration  and  Americanization. 

Division  of  Public  Libr-^ries. 

Division  of  the  Blind. 

Teachers'  Retirement  Board. 

Massachusetts  Agricultural  College. 

Massachusetts  Nautical  School. 

Bradford  Durfee  Textile  School,  Fall  River. 

Lowell  Textile  School. 

New  Bedford  Textile  School. 


CONSTITUTION 


OF  THE 


Commonwealth  of  Massachusetts. 


CHAPTER    V. 

THE    UNIVERSITY    AT    CAMBRIDGE,    AND    ENCOURAGE- 
MENT OF  LITERATURE,  ETC. 

Section  I. 
The  University. 

Article  I.     Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,     °  ^^^' 
laid  the  foundation  of  Harvard  College,  in  which  university 
many  persons  of  great  eminence  have,  by  the  blessing  of 
God,  been  initiated  in  those  arts  and  sciences  which  quali- 
fied them  for  public  employments,   both  in  church  and 
state;   and  whereas  the  encouragement  of  arts  and  sciences, 
and  all  good  literature,  tends  to  the  honor  of  God,  the 
advantage  of  the  Christian  religion,  and  the  great  benefit 
of  this  and  the  other  United  States  of  America,  — ■  it  is  Powers,  privi- 
declared,  that  the  President  and  Fellows  of  Harvard  llfe^president 
College,  in  their  corporate  capacity,  and  their  successors  confirmel^' 
in  that  capacity,  their  officers  and  servants,  shall  have, 
hold,  use,  exercise,  and  enjoy,  all  the  powers,  authorities, 
rights,    liberties,    privileges,    immunities,    and    franchises, 
which  they  now  have,  or  are  entitled  to  have,  hold,  use, 
exercise,  and  enjoy;    and  the  same  are  hereby  ratified  and 
confirmed  unto  them,  the  said  president  and  fellows  of 
Harvard   College,   and   to   their   successors,   and   to   their 
officers  and  servants,  respectively,  forever. 


LAWS  RELATING   TO  EDUCATION. 


Duty  of  legis- 
latures and 
magistrates  in 
all  future 
periods. 
For  further 
provisions  as  to 
public  schools, 
see  amend- 
ments, Arts. 
XVIII  and 
XLVI. 

12  Allen,  500- 
503. 

103  Mass.  94, 
97. 


Section  IL 
The  Encouragement  of  Literature,  etc. 

Wisdom  and  knowledge,  as  well  as  virtue,  diffused  gen- 
erally among  the  body  of  the  people,  being  necessary  for 
the  preservation  of  their  rights  and  liberties;  and  as  these 
depend  on  spreading  the  opportunities  and  advantages 
of  education  in  the  various  parts  of  the  country,  and 
among  the  different  orders  of  the  people,  it  shall  be  the 
duty  of  legislatures  and  magistrates,  in  all  future  periods 
of  this  commonwealth,  to  cherish  the  interests  of  literature 
and  the  sciences,  and  all  seminaries  of  them;  especially 
the  university  at  Cambridge,  public  schools  and  grammar 
schools  in  the  towns;  to  encourage  private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country;  to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  frugality,  honesty  and  punctuality  in  their  dealings; 
sincerity,  good  humor,  and  all  social  affections,  and  gener- 
ous sentiments,  among  the  people. 


Public  money 
not  to  be  ex- 
pended to  aid 
educational, 
charitable, 
religious  or 
other  institu- 
tions not 
wholly  under 
public  owner- 
ship and 
control,  etc. 
Credit  of  the 
common- 
wealth 

restricted  by  ] 
amendments, 
Art.  LXII, 
sect.  1. 


AMENDMENTS. 

Art.  XLVI.  Section  1.  No  law  shall  be  passed  pro- 
hibiting the  free  exercise  of  religion. 

Section  2.  All  moneys  raised  by  taxation  in  the  towns 
and  cities  for  the  support  of  public  schools,  and  all  moneys 
which  may  be  appropriated  by  the  commonwealth  for  the 
support  of  common  schools  shall  be  applied  to,  and  ex- 
pended in,  no  other  schools  than  those  which  are  con- 
ducted according  to  law,  under  the  order  and  superintend- 
ence of  the  authorities  of  the  town  or  city  in  which  the 
money  is  expended;  and  no  grant,  appropriation  or  use  of 
public  money  or  property  or  loan  of  public  credit  shall  be 
made  or  authorized  by  the  commonwealth  or  any  political 
division  thereof  for  the  purpose  of  founding,  maintaining 
or  aiding  any  school  or  institution  of  learning,  whether 
under  public  control  or  otherwise,  wherein  any  denomina- 
tional doctrine  is  inculcated,  or  any  other  school,  or  any 
college,  infirmary,  hospital,  institution,  or  educational, 
charitable  or  religious  undertaking  which  is  not  publicly 


CONSTITUTIONAL  PROVISIONS.  7 

owned  and  under  the  exclusive  control,  order  and  super- 
intendence of  public  officers  or  public  agents  authorized 
by  the  commonwealth  or  federal  authority  or  both,  except  Exceptions. 
that  appropriations  may  be  made  for  the  maintenance 
and  support  of  the  Soldiers'  Home  in  Massachusetts  and 
for  free  public  libraries  in  any  city  or  town,  and  to  carry 
out  legal  obligations,  if  any,  already  entered  into;  and  no 
such  grant,  appropriation  or  use  of  public  money  or  prop- 
erty or  loan  of  public  credit  shall  be  made  or  authorized 
for  the  purpose  of  founding,  maintaining  or  aiding  any 
church,  religious  denomination  or  society. 

Section  3.     Nothing    herein    contained    shall    be    con-  Careorsup- 
strued   to    prevent   the   commonwealth,    or   any   political  Eospitak!Ytc*r 
division  thereof,  from  paying  to  privately  controlled  hos-  whra?rpubiic 
pitals,  infirmaries,  or  institutions  for  the  deaf,  dumb  or  charges. 
blind  not  more  than  the  ordinary  and  reasonable  com- 
pensation for  care  or  support  actually  rendered  or  fur- 
nished   by   such   hospitals,    infirmaries   or   institutions   to 
such  persons  as  may  be  in  whole  or  in  part  unable  to 
support  or  care  for  themselves. 

Section  4.     Nothing    herein    contained    shall    be    con-  inmates  of 
strued   to   deprive   any   inmate   of   a   publicly   controlled  fnstftutiras  "^ 
reformatory,  penal  or  charitable  institution  of  the  oppor-  pHvedof  reli- 
tunity  of  religious  exercises  therein  of  his  own  faith;    but  ofThefr^own^^ 
no  inmate  of  such  institution  shall  be  compelled  to  attend  ^^ji*,^""' ''°™" 
religious   services  or  receive  religious  instruction  against  attend  religious 

SGrviCGS  etc 

his  will,  or,  if  a  minor,  without  the  consent  of  his  parent  against  their 

1 .  will,  etc. 

or  guardian. 


8 


LAWS  RELATING  TO  EDUCATION.     [Chap.  15. 


General  Laws  relating  to  Education. 


CHAPTER    15. 

DEPARTMENT   OF  EDUCATION. 


Sect. 

1.  Department  of  education. 

2.  Commissioner  of  education. 

3.  Advisory  board. 

4.  Certain  duties  of  commissioner.    Divi- 

sions in  the  department. 

5.  Directors  and  clerical  assistants. 

6.  Advisory    council,    etc.,    for    univer- 

sity extension  and  correspondence 
courses. 
6A.  State boardforvocational education. 

DIVISION  FOR  THE   TRAINING   OF   DISABLED 
SOLDIERS    AND    SAILORS. 

7.  Division  for  the  training  of  disabled 

soldiers  and  sailors. 

DIVISION    OF    PUBLIC    LIBRARIES. 

8.  Division  of  public  libraries. 

9.  Board  of  free  public  library  commis- 

sioners. 

10.  Commissioners  to  serve  without  pay. 

11.  Agents  of  the  board. 

DIVISION     OF     IMMIGRATION     AND     AMERI- 
CANIZATION. 

12.  Division  of  immigration  and  Ameri- 

canization. 


Department 
education. 
1837,  241,  § 
G.  S.  34,  §  1. 
P.  S.  41,  §  1. 
R.  L.  39,  §  1. 
1909,  457, 
§§  1,  6. 
1919,  350, 
§§  56,  57. 


of 
1. 


Sect. 

DIVISION    OF   the    BLIND. 

13.  Division  of  the  blind. 

14.  Commission  for  the  blind. 

15.  Agents  and  teachers. 

teachers'    retirement   BOARD. 

16.  Teachers'  retirement  board. 

17.  Members  to   be  reimbursed  for  ex- 

penses, etc. 

18.  Clerical  assistance. 

CERTAIN     trustees     AND     COMMISSIONERS 
SERVING    IN    THE    DEPARTMENT. 

19.  Certain  trustees,  etc.,  serving  in  the 

department. 

MASSACHUSETTS    AGRICULTURAL    COLLEGE. 

20.  Trustees. 

TEXTILE   SCHOOLS. 

21.  Boards  of  trustees. 

MASSACHUSETTS    NAUTICAL    SCHOOL. 

22.  Commissioners  of  Massachusetts  nau- 

tical school. 

23.  Commissioners  to  serve  without  com- 

pensation. 


Section  1.  There  shall  be  a  department  of  education, 
in  this  chapter  called  the  department,  which  shall  be 
under  the  supervision  and  control  of  a  commissioner  of 
education,  in  this  chapter  called  the  commissioner,  and 
an  advisory  board  of  education  of  six  members,  in  sections 
one  to  six,  inclusive,  called  the  board,  of  whom  at  least 
two  shall  be  women  and  one  shall  be  a  school  teacher  of 
the  commonwealth. 


1864,  99. 

R.  L.  39,  §§  1-3. 

1865,  246. 

1904,  234,  §§  1,  3. 

1867,  276. 

1906,  505,  §  1. 

1876,  110. 

1909,  457,  §§  1,  3,  6, 

P.  S.  41,  §§  1,  4,  8. 

1910,  282,  §  1. 

1885,  227. 

1911,  466,  §  1. 

1894,  176. 

Chap.  15.]      DEPARTMENT  OF  EDUCATION.  9 

Section  2.     Upon  the  expiration  of  the  term  of  office  Commissioner 
of  a  commissioner,  his  successor  shall  be  appointed  by  the  i837,"24ii°°' 
governor,  with  the  advice  and  consent  of  the  council,  for  i8.38,l59  §2 
five  years.     The  commissioner  shall  receive  such  salary,  \ltf  1^^-  §  2. 
not  exceeding  nine  thousand  dollars,  as  the  governor  and  Sl^'^^- 
council  may  determine.  1862,212. 

1912,  80,  §  1. 
1913,421,  §  1. 

1918,  257,  §  168. 

1919,  5;  350,  §§  57,  58. 

1920,  2. 

1921,  442. 

Section  3.     The  governor,  with  the  advice  and  consent  Advisory 
of  the  council,  shall  annually  appoint  two  members  of  the  1837, 241,  §  1. 
board  for  three  years  each.    The  board  shall  meet  at  least  o^ts^; 
once  a  month,  and  at  such  other  times  as  it  may  determine  P  g*  l^i 
by  rule  and  when  requested  by  the  commissioner  or  by  |^^  J;  39 
any  three   members.     The   members  of  the   board   shall  §1 1-  ^- 

.  .  1904   234    §  2 

serve  without  compensation,  but  shall  be  reimbursed  for  iwe,  505!  §  1! 
their  actual  necessary  expenses  incurred  in  the  performance  §§  i,'6.  ' 
of  their  duties.  1^10-2«2,§i; 

1911,  466,  §  1.  1913,  421,  §  1.  1919,  5;  350,  §§  57,  58. 

1912,  80,  §  1.  1918,  257,  §  168.         1920,  2. 

Section  4.     The  commissioner  shall   be  the  executive  Certain 
and   administrative   head   of  the   department.     He   shall  commis°sLner. 
have  charge  of  the  administration  and  enforcement  of  all  Jh'^depart-'^ 
laws,  rules  and  regulations  which  it  is  the  duty  of  the  '^^q^-^^-;  « ^ 
department  to  administer  and  enforce,  and  shall  be  chair-  i9}o'282,' §  i. 

p      I        1  1         TT         1      11  •         •         1  1  1911,  466,  §  1.. 

man  oi  the  board.     He  shall  organize  in  the  department  a  1912,  so,  §  1. 
division  of  public  libraries,  a  division  of  immigration  and  i9i8!257; 
Americanization,  a  division  of  the  blind  and  such  other  i9i9^'5;  350;. 
divisions  as  he  may  determine.     Each  division  shall  be  in  i92o^'2^^72, 
charge  of  a  director  and  shall  be  under  the  general  super- 
vision of  the  commissioner. 

Section  5.     Except  as  otherwise  provided  in  this  chap-  Directors  and 
ter,  directors  of  divisions  of  the  department  shall  be  ap-  assistants. 
pointed  and  may  be  removed  by  the  commissioner,  with  JI3I;  ||^'  ^  ^• 
the  approval  of  the  board.     The  commissioner  shall  fix  J^|^,  21^5, 1 3. 
the  compensation  of  such  directors,  subject  to  the  approval  G-  |^34, 
of  the  governor  and  council.     Except  in  the  case  of  the  1862,212. 
teachers'  retirement  board,  the  division  of  public  libraries,  i865;246. 
the  division  of  the  blind  and  institutions  under  the  depart-  is76;  no! 
ment,  the  commissioner  may  appoint  such  agents,  clerks  ^^^-\l\ 
and  other  assistants  as  the  work  of  the  department  may  Jl^Jifs! 
require,  may  assign  them  to  divisions,  transfer  and  remove  i895;  132. 
them  and  fix  their  compensation,  but  none  of  such  em-  1901!  262! 


10 


LAWS  RELATING  TO  EDUCATION.      [Chap.  15. 


R.  L.  39, 

§§3,4,9. 
1904,  234. 
1906.  505,  §  1. 

1909,  457,  §  3. 

1910,  282,  §  1. 

1911,  466,  §  1. 

1912,  80,  §  1. 
1913,421,  §  1. 
1915,  294, 

§§  1,  2,  7. 
1917,321,  §  1. 

1918,  257, 
§  168. 

1919,  5;  350, 
§60. 

1920,  2. 

Advisory 
council,  etc., 
for  university 
extension  and 
correspondence 
courses. 
1915,  294, 
§§2,4. 
1919,  350. 
§§  56,  58. 

State  board 
for  vocational 
education. 

1921,  402.  §  2. 


ployees  shall  have  any  direct  or  indirect  pecuniary  interest 
in  the  publication  or  sale  of  any  text  or  school  book,  or 
article  of  school  supply  used  in  the  public  schools  of  the 
commonwealth.  For  the  compensation  of  such  agents, 
clerks  and  other  assistants  as  it  may  employ,  for  con- 
ferences and  conventions  of  teachers  held  under  the  direc- 
tion of  the  department,  and  for  traveling  and  other 
necessary  expenses  incurred  by  the  members  and  subordi- 
nates, the  department  may  be  allowed  such  sums  as  may 
annually  be  appropriated. 

Section  6.  The  commissioner,  with  the  approval  of 
the  board,  may  appoint  and  define  the  functions  of  a  state 
advisory  council  and  local  advisory  councils  in  connection 
with  university  extension  and  correspondence  courses,  and 
with  the  approval  of  the  governor  and  council  may  rent 
suitable  offices. 

Section  6A.  (As  enacted  by  section  2,  chapter  402,  Acts 
of  1921.)  The  commissioner  and  the  advisory  board  of 
education  are  hereby  constituted  and  designated  as  the 
state  board  for  vocational  education  to  co-operate  with 
the  federal  board  for  vocational  education  in  the  adminis- 
tration of  the  act  of  congress  approved  June  second, 
nineteen  hundred  and  twenty,  entitled  "  An  Act  to  provide 
for  the  promotion  of  vocational  rehabilitation  of  persons 
disabled  in  industry  and  otherwise  and  their  return  to 
civil  employment"  and  to  secure  for  the  commonwealth 
the  benefits  thereof.  For  the  purpose  of  carrying  out  the 
provisions  of  section  twenty-two  A  of  chapter  seventy- 
four  the  said  state  board  for  vocational  education  shall  be 
furnished  with  suitable  quarters  in  the  state  house  and 
may  expend  for  salaries  and  other  necessary  expenses  such 
amount  as  shall  annually  be  appropriated  therefor  by  the 
general  court,  together  with  any  funds  received  by  the 
state  treasurer  from  the  federal  government  under  the 
provisions  of  said  act. 

Chapter  462,  Acts  of  1921,  provides  as  follows:  — 

An  Act  accepting  the  provisions  of  an  act  of  congress 
relative  to  the  promotion  of  vocational  reh.\bilitat10n 
and  providing  for  co-operation  with  the  federal  gov- 
ernment in  relation  thereto. 

Section  1.  The  commonwealth  of  Massachusetts  hereby  ac- 
cepts the  provisions  of  the  act  of  congress  approved  June  second, 
nineteen  hundred  and  twenty,  entitled  "An  Act'to  provide  for  the 
promotion  of  vocational  rehabilitation  of  persons  disabled  in  in- 
dustry and  otherwise  and  their  return  to  civil  employment." 


Chap.  15.]      DEPARTMENT  OF  EDUCATION.  U 


DIVISION    FOR    THE    TRAINING    OF    DISABLED    SOLDIERS    AND 

SAILORS. 

Section  7.     The  commissioner  may  estabhsh  a  division  Division  for 
to  carry  out  the  purposes  of  section  thirty-nine  of  chapter  of  dfsaw^^ 
seventy-four,    consisting   of   a    director   and    an    advisory  sajfors^  ^"'^ 
board.     Said   board   shall  consist  of  the  commissioner  of  §^\^'|^°' 
education,  who  shall  be  chairman,  the  chief  surgeon  of  the  ifi£'.350' 
land    forces   of   the    militia,    the    commissioner   of   public 
health,    the    commissioner   of   labor   and    industries,    who 
shall    be    the    executive    secretary,    the    commissioner    of 
mental  diseases,  the  chairman  of  the  industrial  accident 
board   and   the   supervisor  of   administration,   ex  officiis, 
and  nine  other  persons  who  shall   be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  and 
shall  serve  without  compensation. 

DIVISION    OF   PUBLIC    LIBRARIES. 

Section  8.     The  division  of  public  libraries  shall  con-  Division  of 
sist  of  the  board  of  free  public  library  commissioners,  the  mg'Vso.T'so^ 
chairman  of  which  shall  be  the  director  of  said  division. 

Section  9.     The  board  of  free  public  library  commis-  Board  of  free 
sioners,   in  sections  nine  to  eleven,   inclusive,   called  the  commissioners. 
library  board,  shall  consist  of  five  persons,  residents  of  the  J|^^|  fjl'  §  ^• 
commonwealth,  one  of  whom  shall  annually  be  appointed  R.  l.38, '§ii. 
by   the   governor,    with   the   advice   and    consent   of   the 
council,  for  five  years.     The  governor  shall  designate  the 
chairman  of  the  library  board. 

Section  10.     No  member  of  the  library  board  shall  re-  Commissioners 
ceive  any  compensation,  but  it  may  annually  expend  not  wthoutpay. 
more  than  the  amount  appropriated  for  clerical  assistance  r.  l!  38,  §  12! 
and  for  other  necessary  expenses.  iQis,  127.  \l\^'  ^^^  1 1 

Section  11.     The  library  board,  wdth  the  consent  of  the  Agents  of  the 
governor   and   council,   may   appoint   a   general   secretary  1910, 396.  §  1. 
and  adviser  for  not  exceeding  three  years,  whose  salary  \gU]  522!  ^  ^' 
shall  be  paid  from  the  appropriation  authorized  by  the 
preceding  section.     The  library  board,  with  the  consent  of 
the  governor  and  council,  may  also  appoint  an  agent  for 
not  exceeding  five  years,  at  a  salary  to  be  fixed  by  it,  and, 
with  the  consent  of  the  governor  and  council,  an  agent  or 
secretary  to  direct  educational  work  for  the  benefit  of  the 
alien  population  of  the  commonwealth,  at  such  salary  as 
it  may  fix.     The  library  board,  by  a  majority  vote  of  its 
members,  may  remove  from  office  any   person    appointed 
under  this  section. 


12 


LAWS  RELATING  TO  EDUCATION.      [Chap.  15. 


DIVISION   OF  IMMIGEATION   AND   AMERICANIZATION. 

SmSratfon  SECTION  12.     (As    amended    hy    chapter    U9,    Acts    of 

cani^tion'  1921,)  The  division  of  immigration  and  Americanization 
1919'  350  I  59  ^^^^^  consist  of  a  director  and  an  advisory  board  of  six 
i92o;  72. '  ■  persons.  Upon  the  expiration  of  the  term  of  office  of  a 
director  of  the  division,  his  successor  shall  be  appointed 
for  five  years  by  the  governor,  with  the  advice  and  consent 
of  the  council.  Two  members  of  the  advisory  board  shall 
be  appointed  annually  for  three  years  each,  by  the  gover- 
nor, with  like  advice  and  consent.  Said  board  shall  meet 
at  least  once  a  month,  and  at  such  other  times  as  it  may 
determine  by  rule  and  when  requested  by  the  director  or 
ty  any  three  members.  The  director  and  members  of  said 
board  shall  receive  no  compensation  for  their  services,  but 
shall  be  reimbursed  for  their  actual  necessary  expenses 
incurred  in  the  performance  of  their  duties. 


Division  of 
the  blind. 
1919,  350,  §  59. 


Commission 
for  the  blind. 
1906,  385, 
§§  1,  7. 
1918,  266, 
§§  1.2. 


Agents  and 
teachers. 
1906,  385,  §  7. 
A918,  266,  §  3. 


DIVISION   OF  THE   BLIND. 

Section  13.  The  division  of  the  blind  shall  consist  of 
the  commission  for  the  blind.  The  director  of  said  com- 
mission shall  be  the  director  of  said  division. 

Section  14.  The  commission  for  the  blind  shall  consist 
of  a  director,  at  such  salary,  not  exceeding  thirty-five  hun- 
dred dollars,  as  the  governor  and  council  determine,  and 
five  associate  members,  who  shall  serve  without  compen- 
sation. Upon  the  expiration  of  the  term  of  office  of  a 
director,  his  successor  shall  be  appointed  for  five  years 
by  the  governor,  with  the  advice  and  consent  of  the  coun- 
cil. One  associate  member  shall  annually  be  appointed  by 
the  governor,  with  like  advice  and  consent,  for  five  years. 
Said  director  and  associate  members  shall  be  reimbursed 
for  expenses  necessarily  incurred  in  the  performance  of 
their  duties. 

Section  15.  The  director,  with  the  approval  of  the 
commission  for  the  blind,  may  appoint,  at  such  compensa- 
tion as  he  may  fix,  such  agents,  teachers  and  subordinate 
officers  as  said  commission  may  deem  necessary,  and  may 
remove  them  with  the  approval  of  said  commission,  but 
no  person  employed  by  him  shall  be  a  member  thereof. 


Chap.  15.]      DEPARTMENT  OF  EDUCATION.  13 


teachers'  retirement  board. 

Section  16.     The  teachers'  retirement  board  shall  con-  Teachers- 
sist  of  the  commissioner  of  education,  ex  officio,  a  second  board'"^''* 
member  elected   by  the   teachers'   retirement   association  igii;  Ho,  |  ei. 
established  under  section  seven  of  chapter  thirty-two  from 
among  their  number,  in  a  manner  approved  by  said  board, 
and  a  third  chosen  by  the  other  two.     Upon  the  expira- 
tion of  the  term  of  office  of  an  elected  member  or  in  case 
of  a  vacancy  in  said  office,  his  successor  shall  be  elected 
for  three  years  as  aforesaid.     Upon  the  expiration  of  the 
term  of  office  of  a  third  member  or  in  case  of  a  vacancy 
in  said  office,  his  successor  shall  be  chosen  by  the  other 
two  and  shall  serve  for  one  year. 

Section  17.     The    members    of   the    retirement    board  Members  to  be 
shall  serve  without  compensation,  but  they  shall  be  reim-  expenses,  etc. 
bursed  from  the  expense  fund  of  the  retirement  association  1919',  350',  §  ei. 
for  any  expenditures  or  loss  of  salary  or  wages  which  they 
may  incur  through  serving  on  said  board.     All  claims  for 
reimbursement  on  this  account  shall  be  subject  to  the  ap- 
proval of  the  governor  and  council. 

Section  18.     The    retirement    board    may    employ    a  clerical 
secretary,  who  shall  give  bond,  and  also  necessary  clerical  igTa^ssI!'  §  4. 
and  other  assistance.    The  salaries  of  such  employees  shall  1920;  54°;  §  l^' 
be  fixed  by  said  board. 

certain  trustees  and  commissioners  serving  in  the 

department. 

Section  19.     The  trustees  of  the  Massachusetts  Agri-  Certain 
cultural  College,  the  board  of  commissioners  of  the  Massa-  saving  in  the 
chusetts   Nautical   School,   the   trustees   of  the   Bradford  igig.'^ssorl  56. 
Durfee  Textile  School  of  Fall  River,  the  trustees  of  the 
Lowell  Textile  School  and  the  truj^tees  of  the  New  Bedford 
Textile  School  shall  serve  in  the  department. 

MASSACHUSETTS   AGRICULTURAL   COLLEGE. 

Section  20.     There  shall  be  a  board  of  trustees  of  the  Trustees. 
Massachusetts    Agricultural    College,    consisting    of    the  Siis!  §  i! 
governor,  the  commissioner  of  education,  the  commissioner  HHi  ^^^  |J- 
of  agriculture  and  the  president  of  the  college,  ex  officiis,  |^f|;^^^f/2. 
and  not  more  than  fourteen  appointive  members;    pro- i9i9, 350,  §  62. 
vided,   that   the   appointive   members   in   office   on   May 
thirty-first,  nineteen  hundred  and  eighteen,  shall  continue 


14 


LAWS  RELATING  TO  EDUCATION.     [Chap.  15. 


in  oflBce  until  the  expiration  of  their  respective  terms, 
unless  sooner  removed.  Upon  the  expiration  of  the  term 
of  office  of  any  appointive  member,  his  successor  shall  be 
appointed  for  seven  years  by  the  governor,  with  the 
advice  and  consent  of  the  council.  The  appointive  mem- 
bers shall  serve  without  compensation,  but  their  personal 
and  incidental  expenses  shall  be  paid  as  are  those  of 
trustees  of  other  public  institutions. 


Boards  of 
trustees. 
1895,  475, 
§§  1-3. 
1899,  299. 
§§  1-3. 

1901,  175,  §  1. 
R.  L.  125, 
§§  20-22. 

1905,  216. 

1906,  275. 

1918,  246,  §  2; 
248,  §  2; 
274,  §  2. 

1919,  350, 
§§  56,  62. 

165  Mass.  419. 


TEXTILE   SCHOOLS. 

Section  21.  There  shall  be  boards  of  trustees  for  the 
Bradford  Durfee  Textile  School  of  Fall  River,  for  the  New 
Bedford  Textile  School,  and  for  the  Lowell  Textile  School, 
each  consisting  of  fifteen  appointive  members  and  the 
commissioner  of  education  or  a  member  of  the  advisorv 
board  of  education  designated  by  him  as  an  ex  officio 
member,  and  the  following  additional  members  ex  officiis: 
for  the  first  and  second  boards  above  named,  the  mayor 
and  superintendent  of  schools  of  Fall  River  and  New  Bed- 
ford, respectively;  for  the  third  board  above  named,  the 
mayor  of  Lowell.  LTpon  the  expiration  of  the  term  of 
office  of  an  appointive  member,  his  successor  shall  be 
appointed  for  three  years  by  the  governor,  with  the  advice 
and  consent  of  the  council. 


Commissioners 
of  Massa- 
chusetts nauti- 
cal school. 
1891,  402,  §  1. 
R.  L.  45,  §  1. 
1913,  224,  §  1. 
1919,  350,  §  56. 


Commissioners 
to  serve  with- 
out com- 
pensation. 
1891,  402,  §  2. 
R.  L.  45,  §  2. 


MASSACHUSETTS   NAUTICAL   SCHOOL. 

Section  22.  There  shall  be  a  board  of  commissioners 
of  the  Massachusetts  nautical  school  serving  in  the  de- 
partment and  consisting  of  three  citizens  of  the  common- 
wealth, one  of  whom  shall  annually  before  July  first  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  for  three  years  from  said  day. 

Section  23.  The  coftimissioners  shall  serve  without 
compensation,  but  shall  be  reimbursed  for  expenses  actu- 
ally incurred  in  the  performance  of  their  official  duties. 


Chap.  69.]    DEPARTMENT  OF  EDUCATION. 


15 


CHAPTER   ,69. 

POWERS   AND   DUTIES   OF   THE   DEPARTMENT   OF 

EDUCATION. 


Sect. 

general  provisions. 

1.  Commissioner  of  education,  duties. 

2.  Report   of  amounts  spent   for  voca- 

tional schools.    Annual  report. 

3.  Educational  trusts. 

4.  Statistics  as  to  certain  institutions. 

5.  Certification  of  high  school  teachers. 

6.  Department    to    receive   applications 

for  teachers'  positions. 

7.  University  extension  and  correspond- 

ence courses. 

8.  Use  of  school  buildings  therefor. 

9.  Education  in  use  of  English,  etc. 

10.  Reimbursement  of  tow-ns  by  common- 

wealth. 

DIVISION      OF     IMMIGRATION     AND     AMERI- 
CANIZATION. 

11.  Education  and  protection  of  aliens. 

DIVISION    OF    THE    BLIND. 

12.  Duties. 


Sect. 

13.  Aiding  blind  to  find  employment,  etc. 

14.  Schools  and  workshops. 

15.  Support  of  workmen  or  workshops. 

16.  Sight  saving  classes  for  children. 

17.  Director's  duties. 

18.  Duties  of  director.     Rules. 

19.  Register  of  the  blind.    Reports  to  de- 

partment of  public  welfare,  etc. 

20.  Persons  with  defective  eyesight. 

21.  Tools  and  instruction  for  the  blind, 

etc. 

22.  Pupils  from  other  states. 

23.  Helping  blind  by  lending  books,  etc. 

24.  Advances  to  director. 

25.  Articles  produced  by  the  blind  to  be 

used  in  public  institutions. 


INSTRUCTION    IN    SCHOOLS    FOR    THE    DEAF 
AND    BLIND. 

26.  Certain  deaf  and  blind  persons  may 

be  sent  to  certain  schools. 

27.  Supervision  by  department. 


GENERAL  PROVISIONS. 

Section  1.  The  commissioner  of  education  shall  have 
supervision  of  all  educational  work  supported  in  whole  or 
in  part  by  the  commonwealth.  He  shall  collect  and  dis- 
tribute information  as  to  the  condition  and  efficiency  of 
the  public  schools  and  other  means  of  popular  education 
and  the  best  methods  of  instruction;  shall  suggest  im- 
provements in  the  present  system  of  public  schools  to  the 
general  court;  shall  visit  as  often  as  practicable  different 
parts  of  the  commonwealth  for  the  purpose  of  arousing 
and  guiding  public  sentiment  in  relation  to  the  practical 
interests  of  education;  shall  collect  in  his  office  such  school 
books,  apparatus,  maps  and  charts  as  may  be  desirable; 
shall  receive  and  arrange  in  his  office  the  reports  and 
returns  of  the  school  committees;    and  shall  receive,  pre- 


Commissioner 
of  education, 
duties. 

1837,  241,  §  2. 

1838,  159,  §  1. 
1842,  42. 
1847,  183,  §  1. 
1849,  215,  §  1. 
1858,  61. 

G.  S.  34. 
§§  4-6. 
P.  S.  41, 
§§  5,  6. 
R.  L.  39, 
§§  2,  7,  8. 
1904,  234,  §  1. 

1909,  457,  §  3. 

1910,  282. 
1911,466. 
1912,  80. 
1913,421. 

1918,  257, 
§  168. 

1919,  5;  350, 
§§  56-58. 


16 


LAWS  RELATING  TO  EDUCATION.     [Chap.  69. 


1920,  2. 
1  Op.  A.  G. 
228,  233. 


Report  of 
amounts  spent 
for  vocational 
schools. 
Annual  report. 
1837,  241,  §  3. 
G.  S.  34.  §  3. 
P.  S.  41,  §  3. 
1898,  496,  §  13. 
R.  L.  39,  §  6. 
1904,  234,  §  1. 
1906,  385,  §  7; 
505,  §  5. 
1909,  457,  §  4. 
1911,471, 
§§  2,  10,  11. 
1915,  294,  §  5. 

1918,  266,  §  4. 

1919,  292,  §  17; 
350,  §  56. 


Educational 
trusts. 
1850,  88. 
G.  S.  34,  §  2. 
P.  S.  41,  §  2. 
R.  L.  39,  §  5. 
1919,  350, 
§§  56-58. 


Statistics  as  to 
certain  institu- 
tions. 
1867,  123, 
§§  1,2. 
P.  S.  41, 
§§  13,  14. 
R.  L.  39, 
§§  17,  18. 
1919,  350, 
§§  56-58. 
U.  S.  Rev.  Sts. 
§516. 


serve  or  distribute  the  state  documents  relative  to  the 
pubHc  school  system.  He  shall  give  sufficient  notice  of 
and  attend  such  meetings,  conferences  and  conventions 
of  teachers  of  public  schools  as  may  be  held  under  his 
direction,  and  meetings  of  members  of  school  committees 
and  of  friends  of  education  generally,  and  shall  collect 
information  relative  to  the  condition  of  the  public  schools, 
the  performance  of  their  duties  by  school  committees,  and 
the  condition  of  the  towns  in  regard  to  teachers,  pupils, 
books,  apparatus  and  methods  of  education. 

Section  2.  On  or  before  the  first  Wednesday  of  Janu- 
ary of  each  year  the  commissioner  shall  present  to  the 
general  court  a  statement  of  amounts  expended  previous 
to  September  first  preceding  by  counties,  cities  and  towns 
for  maintenance  of  approved  county,  local  or  district  in- 
dependent vocational  schools,  or  in  payment  of  claims  for 
tuition  therein,  for  which  such  counties,  cities  and  towns 
should  be  reimbursed  under  chapter  seventy-four.  He 
shall  make  an  annual  report  containing  a  printed  abstract 
of  the  returns  of  school  committees  under  chapter  seventy- 
two  and  of  the  schools  in  charge  of  the  department,  and 
a  detailed  report  of  the  doings  of  the  department,  to- 
gether with  a  detailed  report  of  all  receipts  and  expendi- 
tures, with  observations  upon  the  condition  and  efficiency 
of  the  system  of  public  education  and  suggestions  in  regard 
to  the  most  practicable  means  of  improving  and  extend- 
ing it.  The  records  of  the  doings  of  the  department  shall 
be  open  to  public  inspection. 

Section  3.  The  department  of  education,  in  this 
chapter  called  the  department,  may  receive,  in  trust  for 
the  commonwealth,  any  grant  or  devise  of  land  or  any 
gift  or  bequest  of  personal  property  for  educational  pur- 
poses, and  shall  forthwith  transfer  the  same  to  the  state 
treasurer,  who  shall  administer  it  as  provided  in  section 
sixteen  of  chapter  ten. 

Section  4.  It  shall  prepare,  with  due  reference  to  the 
requirements  of  the  federal  bureau  of  education,  and 
annually,  on  or  before  May  tenth,  send  to  every  literary, 
scientific  or  professional  institution  of  learning  in  the  com- 
monwealth, and  every  reform  school  or  almshouse,  blank 
forms  of  inquiry  for  such  statistics  as  it  may  prescribe, 
relative  to  the  number  of  pupils  and  instructors,  courses 
of  study,  cost  of  tuition  and  the  general  condition  of  the 
institution  or  school.     The  trustees,  officers  or  persons  in 


Chap.  69.]    DEPARTMENT  OF  EDUCATION.  17 

charge   thereof   shall   annually,   on   or   before   June   first, 
return  the  same  with  the  information  required. 

Section  5.     Subject  to  such  conditions  as  it  may  pre-  certification 
scribe,  the  department  shall  grant  certificates  to  candidates  tea^hi'rs^.°^°°' 
found  qualified  by  examination  or  otherwise  to  teach  in  §§Y'|'^^' 
high  schools  aided  by  the  commonwealth,  as  provided  in  Jf^l^fil*' 
sections  five  and  fifteen  of  chapter  seventy-one. 

Registration  of  Teachers. 

Section  6.     The  department  shall  receive  applications  Department  to 
for  the  position  of  teacher  from  graduates  of  good  moral  caUon!  for^^'' 
character  of  any  high  or  normal  school  in  this  common-  po'^s-t^ionl 
wealth,  or  of  any  other  school  deemed  by  the  department  J^°^'  l^- 
to  be  of  equal  grade,  or  of  any  reputable  college.     Such  Jgjg'goiyg 
an   application    shall    contain   the   applicant's   name   and  laio',  292,'  §  6;' 
address,    and,    briefly,    his   experience   and   qualifications.  1926,  is. 
The  department,  without  charge,  shall  communicate  with 
the  various  school   committees  and  with  the  applicants 
themselves  with  a  view  to  securing  such  positions. 

University  Extension  Courses. 

Section  7.     The  department  may  co-operate  with  ex-  university 
isting  institutions  of  learning  in  the  establishment  and  corresponde"n1;e 
conduct     of     university     extension     and     correspondence  59i5'®294, 
courses;    may   supervise   the   administration   of   all   such  fliHgo. 
courses  supported  in  whole  or  in  part  by  the  common-  §§  se-ss.' 
wealth;    and  also,  where  deemed  advisable,  may  establish 
and  conduct  such  courses  for  the  benefit  of  residents  of 
the   commonwealth.      It   may,   in   accordance   with   rules 
and  regulations  established  by  it,  grant  to  students  satis- 
factorily completing  such  courses  suitable  certificates. 

Section  8.     For    the    purposes    of    such    courses,    the  use  of  school 
department  may,  with  the  consent  of  the  school  committee  ti^erefof 
or  other  proper  officials  and  subject  to  rules  and  regula-  11\q\  lll\  ^  ^■ 
tions  by  them  prescribed,  use  the  school  or  other  public  5§  ^*^^^- 
buildings  and  grounds  of  a  town,  but  without  interference 
or  inconsistency  with  their  customary  uses;    also  the  nor- 
mal school  buildings  and  grounds,  and,  with  the  consent 
of  the  officers  in  charge,  other  school  buildings  owned  or 
controlled  by  the  commonwealth.     It  may  also  arrange 
for  the  use  of  such  other  buildings,  grounds  and  facilities, 
paying  such  rent  therefor,  as  the  conduct  of  such  courses 
may  require. 


18 


LAWS  RELATING  TO  EDUCATION.     [Chap.  69. 


Education  in 
use  of  English, 
etc. 

1919,  295, 
§§1-3;  350, 
§§  56-58. 
Op.  A.  G. 
(1919)  102. 


Reimbursement 
of  towns  by 
common- 
wealth. 
1919,295,  §  2; 
350,  §§  56-58. 
1921,  484. 


Education  in  the  Use  of  English. 

Section  9.  The  department,  with  the  co-operation  of 
any  town  applying  therefor,  may  provide  for  such  instruc- 
tion in  the  use  of  Enghsh  for  adults  unable  to  speak,  read 
or  write  the  same,  and  in  the  fundamental  principles  of 
government  and  other  subjects  adapted  to  fit  for  American 
citizenship,  as  shall  jointly  be  approved  by  the  local  school 
committee  and  the  department.  Schools  and  classes  es- 
tablished therefor  may  be  held  in  public  school  buildings, 
in  industrial  establishments  or  in  such  other  places  as  may 
be  approved  in  like  manner.  Teachers  and  supervisors 
employed  therein  by  a  town  shall  be  chosen  and  their 
compensation  fixed  by  the  school  committee,  subject  to  the 
approval  of  the  department. 

Section  10.  {As  amended  by  chajyter  484,  Acts  of 
1931.)  At  the  expiration  of  each  school  year,  and  on 
approval  by  the  department,  the  commonwealth  shall  pay 
to  every  town  providing  such  instruction  in  conjunction 
with  the  department,  one  half  the  amount  expended  for 
supervision  and  instruction  by  such  town  for  said  year. 


DIVISION   OF   IMMIGRATION   AND   AMERICANIZATION. 

Jrotectior'"'^     .  Section  11._   The  director  of  the  division  of  immigra- 
?L^i'^"^  s  9     tion  and  Americanization  with  the  approval  of  the  advisorv 

191/,  d^l,  S^.  Pin  1  1         1  " 

1920  72°'  ^  ^^'  "^^^^  thereof  shall  employ  such  methods,  consistent  with 
law,  as  in  its  judgment,  will  tend  to  bring  into  sympathetic 
and  mutually  helpful  relations  the  commonwealth  and  its 
residents  of  foreign  origin,  protect  immigrants  from  ex- 
ploitation and  abuse,  stimulate  their  acquisition  and 
mastery  of  English,  develop  their  understanding  of 
American  government,  institutions  and  ideals,  and  gener- 
ally promote  their  assimilation  and  naturalization.  For 
the  above  purposes,  the  division  may  co-operate  with 
other  officers  and  departments  of  the  commonwealth  and 
with  all  public  agencies,  federal,  state  or  municipal.  It 
may  investigate  the  exploitation  or  abuse  of  immigrants 
and  in  making  any  investigation  may  require  the  attend- 
ance and  testimony  of  witnesses  and  the  production  of 
books  and  documents  relating  to  the  matter  under  in- 
vestigation. 


Chap.  69.]    DEPARTMENT  OF  EDUCATION.  19 


DIVISION   OF  THE   BLIND. 

Section  12.     The  division  of  the  bUnd  shall  make  its  Duties. 
own  by-laws  and  adopt  all  necessary  rules  and  regulations,  igis!  266!  §  4! 
and  shall  act  in  an  advisory  capacity  with  respect  to  the  ^^^^'  ^^°'  ^  ^^" 
administration  and  execution  of  the  laws  by  the  director 
and  shall  visit  all  schools  and  workshops  established  under 
its  authority. 

Section  13.     The  division  shall  act  as  a  bureau  of  in-  Aiding  blind 
formation  and  industrial  aid,  the  object  of  which  shall  be  p°oymeX 
to  aid  the  blind  in  finding  employment  and  to  develop  1906,  sss,  §3. 
home  industries  for  them.  ^^^^-  ^^°'  ^  ^^■ 

Section  14.     The  division  may,  with  the  approval  of  ^o^^glfQ^"^^ 
the  governor  and  council,  establish,  equip  and  maintain,  i906,  385,  §  4. 
and   may   discontinue,    schools   for   industrial   training  of  1919!  350;  §  59. 
blind  persons,  and  workshops  for  their  employment. 

Section  15.     The  division  may  provide  or  pay  for  tem-  support  of 

,      ,     .  ,     ,  ,      »  1  worlcmen  or 

porary  lodgings  and  temporary  support  tor  workmen  or  workshops. 
pupils  received  at  any  industrial  school  or  workshop  estab-  §§5,'6.  ''' 
lished  by  it,  and  may  contribute  to  the  support  of  pupils  HH]  |oi.'  ^  ^^' 
from  the  commonwealth  receiving  instruction  in  institu- 
tions outside  thereof. 

Section  16.     Under  the  direction  of  the  division,  there  sight  saving 
may  be  expended  annually  ten  thousand  dollars  to  pro-  ch^idrL!"^ 
vide    sight   saving   classes   for   children    certified    by   any  lll%^'ig; 
reputable  oculist,   as  fit   subjects  for   instruction  therein. 
With  the  approval  of  the  division,  local  school  committees 
may  organize  and  conduct  such  classes. 

Section  17.     The  director  shall  be  the  executive  head  °^j[f°*°'''^ 
of  the  division,  and  all  bills  by  it  contracted  shall  be  sub-  i^i8.|66,  §3.^ 
ject  to  his  approval.     He  may  act  as  the  representative 
of  the   blind   in   all   proceedings   before   any  department, 
board   or   commission   of   the    commonwealth    or   of   any 
county,  city  or  town  therein. 

Section  18.     The    director    shall    administer   the   laws  Dj?g*^^^j°^ 
relative  to  the  blind  and  shall  prepare  rules  and  regula-  R^ies.^^'^    ^ 
tions  for  consideration  and  adoption  by  the  division.  1919;  350'.  §  59. 

Section  19.     He  shall  maintain  a  register  of  the  blind  fj^fl^^,*^^^^^ 
in  the  commonwealth,  which  shall  describe  their  condition.  Reports  to 

'  •  p  J  •  J    ■      J  department  ot 

cause  of  blindness  and  capacity  tor  education  and  indus-  public  welfare, 
trial  training.  The  supervisor  of  the  decennial  census  ?906, 385,  §  2. 
shall  aid  him  by  furnishing,  upon  his  request,  the  names,  \l\l]  HI]  1 1] 
addresses  and   such  other  facts  concerning  the   blind  as  ^jf |g.^lo°,' s/. 


20 


LAWS  RELATING  TO  EDUCATION.     [Chap.  69. 


Persons  with 
defective 
eyesight.   ^ 
1916,  160,  §  2. 
1918,  266,  §  3. 


Tools  and  in- 
struction for 
the  blind, 
etc 

1902,  297. 
1906,  385, 
§§3,4. 
1916,  201, 
§§1,2. 

1918,  55; 
266,  §  3. 

1919,  15. 


Pupils  from 
other  states. 
1906,  385,  §  5. 
1918,  266,  §  3. 

Helping  blind 
by  lending 
books,  etc. 
1906,  385,  §  6. 
1918,  266,  §  3. 
1920,  201. 


Advances  to 
director. 
1907,  173. 

1918,  266,  §  3. 

1919,  350,  §  59. 


may  be  obtained  in  taking  any  such  census.  The  depart- 
ment of  pubHc  welfare  and  the  overseers  of  the  poor  shall 
aid  the  director  by  reporting  whenever  outdoor  or  indoor 
aid  is  granted  to  families  in  which  there  is  a  blind  member, 
and  the  director  shall  report  in  turn  to  the  said  depart- 
ment and  the  said  overseers  any  activity  on  his  part  in 
relation  to  blind  persons  who  or  whose  families  are  known 
to  be  receiving  or  to  have  received  public  outdoor  or  in- 
door aid. 

Section  20.  He  may  also  register  cases  of  persons 
whose  eyesight  is  seriously  defective  or  who  are  likely  to 
become  visually  handicapped  or  blind,  and  to  take  such 
measures,  in  co-operation  with  other  authorities,  as  he 
may  deem  advisable  for  the  prevention  of  blindness  or 
conservation  of  eyesight,  and,  in  appropriate  cases,  for  the 
education  of  children  and  for  the  vocational  guidance  of 
adults  having  seriously  defective  sight. 

Section  2L  The  director  may  provide  for  the  instruc- 
tion of  the  adult  blind  at  their  homes  and  may  furnish 
materials  and  tools  to  any  blind  person,  and  may  assist 
such  blind  persons  as  are  engaged  in  home  industries  in 
marketing  their  products.  He  may  pay  suitable  wages  to 
the  employees  of  schools  and  workshops  established  under 
section  fourteen  and  may  devise  means  for  the  sale  and 
distribution  of  the  products  of  such  schools  and  workshops. 

Section  22.  He  may  receive  in  schools  established  by 
the  division  pupils  from  other  states  upon  the  payment  of 
such  fees  as  it  may  determine. 

Section  23.  The  director  may  ameliorate  the  condi- 
tion of  the  blind  by  devising  means  to  facilitate  the  circu- 
lation of  books,  by  promoting  visits  among  the  aged  or 
helpless  blind  in  their  homes,  by  aiding  individual  blind 
persons  with  money  or  other  assistance,  or  by  any  other 
method  he  may  deem  expedient;  provided,  that  he  shall 
not  undertake  the  permanent  support  or  maintenance  of 
any  blind  person. 

Section  24.  There  may  be  advanced  annually  to  the 
director  from  the  state  treasury,  from  the  amount  appro- 
priated for  the  maintenance  of  the  industries  established 
by  the  division,  such  sum  as  may  be  necessary,  not  exceed- 
ing five  thousand  dollars  at  one  time,  to  be  used  as  a 
working  capital  for  said  industries.  Said  sum  when  drawn 
from  the  treasury  shall  be  deposited  in  a  national  bank 


Chap.  69.]    DEPARTMENT  OF  EDUCATION.  21 

or  trust  company  to  the  credit  of  the  director,  who  shall 
give  a  bond  in  such  sum  and  with  such  sureties  as  the 
governor  and  council  may  approve. 

Section  25.    (As  amended  by  chapter  486,  Acts  of  1921.)  Articles  pro- 
The  superintendent  of  buildings  and  officers  in  charge  of  blind  to  be  uV 
state  or  other  public  institutions  shall  purchase  articles  or  tut?oni."' ''^*'" 
supplies,  other  than  products  of  prison  labor,   from  the  loiiislo; 
division  of  the  blind;    provided,  that  the  division  has  the  192^^48^6, ^§^17 
same  for  sale  and  that  they  were  produced  by  persons 
under   the    supervision  .of   the    division    or    in    industrial 
schools  or  workshops  under  its  supervision. 


INSTRUCTION  IN  SCHOOLS  FOR  THE  DEAF  AND  BLIND. 

Section  26.     The  department  may,  upon  the  request  Certain  deaf 
of  the  parents  or  guardians  and  with  the  approval  of  the  persons°may 
governor,  send  such  deaf  and  such  blind  persons  as  it  con-  drtirn  schools. 
siders  proper  subjects  for  education,  for  a  term  not  exceed-  Jles;  200!  ^  ^' 
ing  ten  years,  to  the  American  School,  at  Hartford,  for  Jlyi'foo 
the  Deaf,  in  the  state  of  Connecticut,  to  the  Clarke  School  PaJI-  ^i  §  le. 
for  the  Deaf  at  Northampton,  to  the  Horace  Mann  School  i886;24i; 

1887    1 7Q 

at  Boston,  to  any  other  school  for  the  deaf  in  the  com-  i888,'239! 
monwealth,  as  the  parents  or  guardians  may  prefer,  or  to  k^lIso^' 
the  Perkins  Institution  and  Massachusetts  School  for  the  i9i8^'257, 
Blind,  as  the  case  may  be,  and,  upon  like  request  and  fg^g^'s- 350 
with  like  approval,  it  may  continue  for  a  longer  term  the  fLo^";^^' 
instruction  of  meritorious  pupils  recommended  by  the  prin-  2^0p'.  a.  g. 
cipal  or  other  chief  officer  of  the  school  which  they  attend. 
With  the  approval  of  the  governor  the  department  may, 
at  the  expense  of  the  commonwealth,  make  such  provision 
for  the  care  and  education  of  children  who  are  both  deaf 
and  blind  as  it  may  deem  expedient.    No  such  pupil  shall 
be   withdrawn   from   such   institutions   or   schools   except 
with  the  consent  of  the  authorities  thereof  or  of  the  de- 
partment;  and  the  expenses  of  the  instruction  and  support 
of   such   pupils   therein,    actually   rendered   or   furnished, 
including  their  necessary  traveling  expenses,  whether  daily 
or  otherwise,  but  not  exceeding  ordinary  and  reasonable 
compensation    therefor,    shall    be    paid    by   the    common- 
wealth;  but  the  parents  or  guardians  of  such  children,  who 
are  able  wholly  or  in  part  to  provide  for  their  support  and 
care,  shall,  to  the  extent  of  their  ability,  reimburse    the 
commonwealth  therefor. 


100. 


22  LAWS  RELATING  TO  EDUCATION.      [Chap.  69. 

deplrTm^t..^^  Section  27.  The  department  shall  direct  and  super- 
p^s%Y ^^  If'  ^'^^^  *^^  education  of  all  such  pupils,  and  the  commissioner 
1885, 118.         shall  state  in  his  annual  report  their  number,  the  cost  of 

"R    I    3Q 

§§20,21.  their  instruction  and  support,  the  manner  in  which  the 

money  appropriated  by  the  commonwealth  therefor  has 
been  expended,  to  what  extent  reimbursed,  and  such  other 
information  as  he  deems  important. 

Reference. 
Prevention  of  blindness  in  infants,  Chap.  Ill,  §§  14,  110. 


Chap.  70.] 


SCHOOL  FUNDS. 


23 


CHAPTER     70. 

SCHOOL  FUNDS  AND  OTHER  STATE  AID  FOR  PUBLIC 

SCHOOLS. 


Sect. 


Part  I. 


STATE    AID    FROM    INCOME    TAX. 

1.  Reimbursement  from  income  tax  to 

towns  for  certain  .school  salaries. 

2.  Reimbursement   based    on    full    time 

service  of  teachers,  etc. 

3.  Reimbursement  based   on   less   than 

full  time  service. 

4.  Supplementary  reimbursement. 

5.  Net  average  membership  defined. 

6.  No  reimbursement  on  account  of  sal- 

aries of  teachers  in  state  aided  vo- 
cational schools,  etc. 

7.  Returns  by  superintendents. 

Part  II. 

SCHOOL    FUNDS. 

8.  Massachusetts  School  Fund. 

9.  Commissioners  of  school  fund. 


Sect. 

10.  Time  of  payment. 
Definitions. 
Distribution  to  towns  with  valuation 

less   than   five    hundred    thousand 

dollars. 
Distribution  to  towns  with  valuation 

less  than  one  million  dollars. 
Distribution  to  towns  with  valuation 

less  than  two  million  five  hundred 

thousand  dollars. 
Distribution  of  balance. 
Returns  by  superintendents. 
Payment  conditioned  on  compliance 

with  school  laws. 
IS.  Todd  normal  school  fund. 


11. 
12. 


13. 


14. 


15. 
16. 
17. 


Part  I. 


STATE   AID  FROM   INCOME   TAX. 

Section  1.  The  state  treasurer  shall  annually,  on  or 
before  November  fifteenth,  pay  to  the  several  towns  from 
the  proceeds  of  the  tax  on  incomes,  which  shall  be  avail- 
able therefor  without  appropriation,  the  sums  required  for 
the  purposes  of  Part  I  of  this  chapter,  as  part  reimburse- 
ment for  salaries  paid  to  teachers,  supervisors,  principals, 
assistant  superintendents  and  superintendents  for  services 
in  the  public  day  schools  rendered  during  the  year  ending 
the  preceding  June  thirtieth. 

Section  2.  (As  amended  by  chapter  ^20,  Acts  of  1921.) 
For  each  such  person  employed  for  full  time  service  for  the 
entire  school  year,  such  reimbursement  shall  be  as  follows: 

(1)  Two  hundred  dollars  for  every  person  so  employed 
who  received  as  salary  not  less  than  nine  hundred  and 
fifty  dollars  and  who  is  a  graduate  of  an  approved  normal 


Reimbursement 
from  income 
tax  to  towns 
for  certain 
school  salaries. 
1919,  363, 
§§  1,2. 
Op.  A.  G. 
(1920)  168. 


Reimbursement 
based  on  full 
time  service  of 
teachers,  etc. 
1919.  363,  §  3. 
1921,  420,  §  1. 


24  LAWS  RELATING  TO  EDUCATION.      [Chap.  70. 

school  or  college  and  had  taught  on  full  time  at  least  two 
years  previous  to  said  year  or  whose  preparation  and 
teaching  experience  are  accepted  as  equivalent. 

(2)  One  hundred  and  fifty  dollars  for  every  person  so 
employed  not  included  in  paragraph  (1)  who  received  as 
salary  not  less  than  eight  hundred  and  fifty  dollars  and 
(a)  has  satisfactorily  completed  one  year  of  professional 
training  in  an  approved  normal  school  or  teachers'  train- 
ing school,  and  had  taught  on  full  time  at  least  three  years 
previous  to  Said  year;  or  (b)  is  a  graduate  of  an  approved 
normal  school  or  college,  and  had  taught  on  full  time  for 
at  least  one  year  previous  to  said  year;  or  (c)  whose 
preparation  and  teaching  experience  are  accepted  as 
equivalent. 

(3)  One  hundred  dollars  for  every  person  so  employed 
and  not  included  in  paragraphs  (1)  or  (2)  who  received  as 
salary  not  less  than  seven  hundred  and  fifty  dollars. 

balS^onTi^s^"*      Section  3.     For  every  such  person  employed  for  less 
sefvii^^^*™^    than  full  time  service  for  the  school  year,  but  otherwise 
1919, 363,  §  4.    described  in  the  preceding  section  and  receiving  a  propor- 
tionate salary,  said  reimbursement  shall  in  each  case  be 
in  such  proportion  to  the  reimbursement  provided  for  in 
said  section  as  his  service  bears  to  full  time  service.     No 
town  in  a  superintendency  union  shall  receive  under  this 
chapter  reimbursement  for  the  part  time  employment  of  a 
superintendent  if  entitled  to  reimbursement  therefor  under 
section  sixty-five  of  chapter  seventy-one. 
fdmbrslment.      SECTION  4.     (^1*  amended  by  chapter  420,  Acts  of  1921.) 
i92i;  420, 1  i:    Every  town   whose   valuation,   including  omitted   assess- 
ments, for  the  year  next  preceding  the  date  of  payment, 
when  divided  by  the  net  average  membership  of  its  public 
day  schools  as  defined  in  section  five  for  the  year  ending 
on  the  next  preceding  June  thirtieth,   yields  a  quotient 
less  than  forty-five  hundred  dollars  shall,  for  each  person 
for  whom  it  received  reimbursement  under  section   two, 
receive  supplementary  reimbursement  as  follows: 

(1)  Three  hundred  and  fifty  dollars  if  said  quotient  is 
less  than  two  thousand. 

(2)  Three  hundred  dollars  if  said  quotient  is  less  than 
twenty-five  hundred  but  not  less  than  two  thousand. 

(3)  Two  hundred  and  fifty  dollars  if  said  quotient  is 
less  than  three  thousand  but  not  less  than  twenty-five 
hundred. 


Chap.  70.]  SCHOOL  FUNDS.  25 

(4)  Two  hundred  dollars  if  said  quotient  is  less  than 
thirty-five  hundred  but  not  less  than  three  thousand. 

(5)  One  hundred  and  fifty  dollars  if  said  quotient  is  less 
than  four  thousand  but  not  less  than  thirty-five  hundred. 

(6)  One  hundred  dollars  if  said  quotient  is  less  than 
forty-five  hundred  but  not  less  than  four  thousand. 

For  each  person  for  whom  any  such  town  received  pro- 
portionate reimbursement  under  section  three  it  shall  in 
each  case  receive  as  supplementary  reimbursement  the 
same  proportion  of  the  sums  named  herein  for  full  time 
service. 

Section  5.     For  the  purposes  of  section  four  the  net  Net  average 
average  membership  of  the  public  day  schools  of  a  town  defined. 
for  any  school  year  shall  be  the  average  membership  for        -      •     • 
such  year  as  shown  by  the  school  registers,  increased  by 
the  number  of  pupils  resident  therein  whose  tuition  in  the 
public  schools  of  another  town,  for  not  less  than  half  such 
year,  the  town  has  paid,  decreased  by  the  number  of  non- 
resident pupils  attending  its  schools  for  not  less  than  half 
such  year. 

Section  6.     No  town  shall   be  entitled  to  reimburse-  No  reimburse- 
ment under  Part  I  of  this  chapter  on  account  of  salaries  count  of 
paid  to  teachers  whose  employment  in  state  aided  voca-  teachMs°in 
tional    schools    or    departments,    continuation    schools    or  vo^cl\fonaf 
Americanization   classes   entitle   the   town  to   state  reim-  11*19°  ael*  §  7. 
bursement.     For  every  teacher  in  a  practice  school  con- 
nected with  a  state  normal  school,  part  or  all  of  whose 
salary  is  paid  or  reimbursed  by  the  commonwealth,  the 
town's   reimbursement   under  this   chapter   shall   be   pro- 
portionate to  the  part  thereof  paid  by  it. 

Section  7.     Every  superintendent  of  schools  shall  file  Returns  by 
with  the  commissioner  of  education,  not  later  than  August  tendents. 
first  in  each  year,  a  sworn  statement,  upon  blanks  pre-        '"     ' 
pared  by  the  commissioner,  containing  the  data  necessary 
to  determine  the  amounts  payable  under  Part  I  of  this 
chapter.     Before  filing  such  statement,  the  superintendent 
shall  submit  it  to  the  chairman  of  the  school  committee, 
who  shall  countersign  it  on  oath,  if,  after  examination,  he 
finds  it  correct.     The  commissioner  shall  cause  such  state- 
ments to   be  examined,   and  shall  transmit  them  to  the 
state  treasurer,  wuth  a  tabulation  showing  the  amount  due 
each  town. 


26 


LAWS  RELATING  TO  EDUCATION.     [Chap.  70. 


Part  II. 


Massachusetts 

School  Fund. 

1834, 

169,  §  1. 

R.  S. 

11,  §  13. 

1854, 

333. 

G.S. 

36,  §  1. 

P.  S. 

43,  §  1. 

1890, 

335,  §  1. 

R.  L. 

41,  §  1. 

Commissioners 

of  school  fund. 

1834. 

169,  §  2. 

R.  S. 

11,  §  14. 

G.S. 

36.  §  1. 

1866. 

53. 

P.  S. 

43,  §  2. 

1890, 

335,  §  2. 

R.  L. 

41,  §  3. 

Time  of 

payment. 
R.  S.  23, 

§§66 

i,  67. 

1846. 

223,  §  5. 

1849, 

117. 

§§2, 

3. 

G.S. 

36.  §  3. 

1867, 

98. 

Definitions. 

1919, 

,  363.  §  10, 

1921, 

,  420,  §  3. 

SCHOOL   FUNDS. 

Section  8.  The  present  school  fund  of  the  common- 
wealth, with  future  additions,  and  all  funds  received  by 
the  commonwealth  from  the  federal  government,  the  dis- 
position of  which  is  not  otherwise  provided  for,  shall  con- 
stitute a  permanent  fund,  to  be  called  the  "Massachusetts 
School  Fund".  The  principal  thereof  shall  not  be  dimin- 
ished, and  the  income  shall  be  disbursed  as  hereinafter 
provided. 

Section  9.  The  commissioner  of  education  and  the 
state  treasurer  shall  be  commissioners  to  invest  and  man- 
age the  fund,  and  shall  make  an  annual  report  of  the  con- 
dition and  income  thereof.  All  investments  shall  be  made 
with  the  approval  of  the  governor  and  council. 

1919,  350.  §§  56-58. 

Section  10.  The  accrued  income  of  said  fund  on  De- 
cember thirty-first  annually  shall  be  apportioned  by  the 
commissioners  thereof,  as  provided  in  Part  II  of  this 
chapter  and  paid  to  the  towns  entitled  on  the  following 
March  tenth.  p.  s.  43.  §  4.  r.  l.  41,  §  5. 

1903,  456,  §  2.  1918,  186.  §  2.  1919,  363.  §§  9.  16. 

Section  11.  (As  amended  by  chapter  4^0,  Acts  of 
1921.)  For  the  purposes  of  Part  II  of  this  chapter,  the 
following  word  and  phrase  shall  be  defined  as  follows:  — 

"Valuation"  shall  mean  the  town's  valuation,  as  deter- 
mined by  the  last  preceding  assessors'  valuation,  exclusive 
of  omitted  assessments. 

"Assured  minimum"  shall  mean  the  amount  by  which 
the  sum  of  the  following  items  for  the  last  preceding  town 
fiscal  year  exceeded  the  amount  received  by  the  town  dur- 
ing said  year  under  Part  I  and  for  the  tuition  of  non- 
resident pupils,  including  state  wards; 

(1)  Salaries  paid  to  full  time  principals  and  teachers, 
not  including  any  amounts  by  which  any  such  salary  was 
at  a  rate  in  excess  of  nine  hundred  and  fifty  dollars. 

(2)  Two  hundred  and  fifty  dollars  for  each  teaching 
position  held  by  a  full  time  principal  or  teacher. 

(3)  Expenditures  for  transportation  of  pupils  to  the 
local  schools. 

(4)  Expenditures  for  the  tuition  in,  and  transportation 
to,  public  elementary  schools  in  adjoining  towns. 


Chap.  70.]  SCHOOL  FUNDS.  27 

(5)  In  the  case  of  towns  having  over  five  hundred 
famihes  and  exempted  from  the  requirement  of  maintain- 
ing a  four  year  high  school,  the  actual  expenditures  made 
during  that  year  for  tuition  in  high  schools  in  other  towns. 

In  computing  the  "assured  minimum",  expenditures  for 
state  aided  vocational  or  continuation  schools  or  American- 
ization classes  shall  not  be  included. 

Section  12.     A  town  of  less  than  five  hundred  thou-  Distribution 
sand  dollars  valuation  shall  receive  one  half  of  its  assured  valuation  less 
minimum  if  said  minimum  exceeds  the  sum  that  would  hundred^ thou- 
have  accrued  therein  from  a  tax  of  ten  dollars  per  thou-  i835,'i°38?'§'2. 
sand  dollars  valuation.     If  said  minimum  is  less  than  the  fgsl'lob^^^' 
proceeds  of  such  a  tax,  but  more  than  would  have  been  fUg'lg  .g 
the  proceeds  of  a  tax  of  five  dollars  per  thousand,  the  Gi.s.'36,'§2. 
town  shall  receive  the  amount  by  which  said  minimum  iseei  208;i  i! 
exceeds  the  proceeds  of  such  a  five  dollar  tax.  i87o;45. ' 

p.  S.  43,  §  3.        1893,  272.  1918,  186,  §  1. 

1884,  22.  R.  L.  41,  §  4.         1919,  363,  §§  11,  16. 

1891,  177.  1903,  456,  §  1. 

Section  13.     A  town  of  less  than  one  million  dollars,  Distribution  to 
but  not  less  than  five  hundred  thousand  dollars,  valua-  valuation  less 
tion,  shall  be  allotted  one  third  of  its  assured  minimum  Son^doiiars. 
if  said  minimum  exceeds  the  sum  that  would  have  ac-  K^|;2|,^§l7; 
crued  therein  from  a  tax  of  seven  and  one  half  dollars  per  |§^|'|°°' 
thousand  dollars  valuation.     If  said  minimum  is  less  than  }f^^'^Q'l^- 
the  proceeds  of  such  a  tax,   but  more  than  would  have  ises,  142,  §  1. 
been  the  proceeds  of  a  tax  of  five  dollars  per  thousand,  1869;  168! 
the   town  shall   be  allotted  the    amount   by  which    said  IHI]  tth.  §  1. 
minimum  exceeds  the  proceeds  of  such  a  five  dollar  tax.  fs^^t^i^^' 
Said  allotments  shall  be  paid  in  full  if  their  sum  does  not  J|(^^;272: 
exceed  the  amount  available  after  making  the  payments  fyQ^'|^|3^s^i 
provided    for    by   the    preceding    section,    otherwise    they  19 is!  ise!  §  i.' 
shall  be  proportionally  reduced  and  paid.  §§  12,  le.' 

Section  14.     A  town  of  less  than  two  million  five  hun-  Distribution 
dred    thousand    dollars,    but    not    less    than    one    million  valuation  less 
dollars,  valuation,  shall  be  allotted  one  half  the  amount  maHon'^five 
by  which  its  assured  minimum  exceeds  the  amount  that  t^o^usa^nd 
would  have  accrued  therein  from  a  tax  of  five  dollars  per  ^"^'f^^gg,  §  0. 
thousand  dollars  valuation.     If  the  total  allotment  under  fg^'|^.Q§67.' 
this  section  exceeds  the  amount  available  after  the  distri-  §§2,' 3.^  ' 
bution  provided  for  by  the  two  preceding  sections,   the  g.V  36,' §  2.' 
state  treasurer  shall  add  to  said  amount,  from  the  pro-  HH]  20!;  1 1. 
ceeds    of    the    income    tax,    without    appropriation,    the  \l%i\f- 
amount  required,   but  not  exceeding  two  hundred  thou-  Ji^^^f^^g^^^  |/- 
sand  dollars  in  any  one  year.     If  said  addition  does  not  {isf  2i 


28 


LAWS  RELATING  TO  EDUCATION.     [Chap.  70. 


1893, 
R.  L. 
1903, 

272. 
41,  §4. 
456,  §  1. 

Distribution 
of  balance. 
1858,  96,  §  2. 
G.  S.  36,  §  2. 
1866,  208,  §  1. 

1869,  168. 

1870,  45. 
1874,  348,  §  2, 
P.  S.  43,  §  3. 

Returns  by 
superintend- 
ents. 

1903,  456,  §  3. 
1919,  363, 
§§  15,  16. 

Payment  con- 
ditioned on 
compliance 
with  school 
laws. 

1834,  169,  §  3. 

1835,  138,  §  1. 


permit  the  payment  of  said  allotments  in  full,  they  shall 
be  proportionally  reduced  and  paid. 

1918,  186,  §  1.  1919,  363,  §§  13,  16.  2  Op.  A.  G.  240. 

Section  15.  If  in  any  year  there  is  a  balance  from  the 
income  of  said  fund  after  the  distribution  provided  for 
by  the  three  preceding  sections,  the  same  shall  be  divided 
among  all  towns  receiving  payments  thereunder  in  pro- 
portion to  said  payments. 


1884,  22. 
1891,  177. 
1893,  272. 


R.  L.  41,  §  4. 
1903,  456,  §  1. 


1918,  186,  §  1. 

1919,  363,  §§  14,  16. 


Section  16.  Every  superintendent  of  schools  shall 
annually,  not  later  than  February  first,  file  with  the 
commissioner  of  education,  upon  blanks  prepared  by  the 
commissioner,  a  sworn  statement,  containing  data  neces- 
sary to  determine  the  amounts  payable  under  Part  II  of 
this  chapter.  Failure  to  file  the  same  by  February  fifteenth 
shall  cause  the  town  to  forfeit  its  share  of  the  income  ac- 
crued during  the  preceding  year.  Before  filing  such  state- 
ment, the  superintendent  shall  submit  it  to  the  chairman 
of  the  school  committee,  who  shall  countersign  it  on  oath, 
if,  after  examination,  he  finds  it  correct.  The  commis- 
sioner shall  cause  such  statements  to  be  examined,  and 
shall  transmit  them  to  the  state  treasurer,  with  a  tabula- 
tion showing  the  amount  due  each  town. 

Section  17.  No  town  shall  receive  any  payment  under 
Part  II  of  this  chapter,  unless  it  has  complied,  to  the  satis- 
faction of  the  department  of  education,  with  all  laws  relat- 
ing to  the  public  schools. 


R.  S.  23,  §  66. 
G.  S.  36,  §  3. 

1865,  142,  §  1. 

1866,  208,  §  2. 
1878,  234,  §  1. 


P.  S.  43,  §  5. 
R.  L.  41,  §  6. 
1904,  107,  §  1. 
1913,  340. 
1918,  257,  §  173. 


1919,  5;  350,  §  56; 
-   363,  §  16. 

1920,  2. 

1  Op.  A.  G.  517. 


Todd  normal 
school  fund. 
1850,  63. 
G.  8.  36,  §  7. 
1862,  83,  §  1. 
P.  S.  43,  §  9. 
R.  L.  41,  §  8. 
1919,  350,  §  56. 


Section  18.  The  income  of  the  Todd  Fund  shall  be 
paid  to  the  department  of  education,  and  applied  by  it  to 
specific  objects,  in  connection  with  the  normal  schools,  not 
provided  for  by  appropriation. 


Chap.  71.] 


PUBLIC  SCHOOLS. 


29 


CHAPTER    71. 
PUBLIC  SCHOOLS. 


Sect. 

subjects  of  8tudt. 

1.  Maintenance  of  public  schools. 

2.  Teaching   of  American   history   and 

civics. 

3.  Military  drill,  gymnastics,  etc. 

HIGH    SCHOOLS. 

4.  Certain    towns    to    maintain    high 

schools. 

5.  State  reimbursement  of  small  towns 

maintaining  high  schools. 

6.  Provisions  for  towns  not  maintaining 

high  schools. 

7.  State  reimbursement  to  small  towns 

for  transportation  of  high  school 
pupils. 

8.  State  reimbursement  to  small  towns 

for  tuition  of  high  school  pupils. 

9.  Certain  towns  to  receive   no   reim- 

bursement. 

10.  State  reimbursement  to  small   towns 

for  tuition  of  physically    disabled 
pupils. 

11.  High  school  defined  for  purposes  of 

state  reimbursement. 

12.  Teachers  in  certain  high  schools  to 

hold  certificates. 

13.  Commercial  Spanish  in  high  schools. 

14.  High  school  districts. 

15.  State    reimbursement    of    towns    in 

high  school  districts. 

UNION    SCHOOLS. 

16.  Union  schools. 

MANUAL  TRAINING  AND   HOUSEHOLD   ARTS. 

17.  Teaching    of    manual    training    and 

household  arts. 

EVENING    SCHOOLS. 

18.  Evening  schools. 

19.  Evening  high  schools. 

20.  Notices  as  to  evening  schools.     Fee 

for  instruction. 

CONTINUATION    SCHOOLS. 

21.  Continuation  schools. 

22.  Compulsory   attendance   at   continu- 

ation schools. 

23.  Utilization    of    existing    educational 

facilities. 


Sect. 

24.  State  reimbursement  for  continuation 

schools. 

25.  Minors    working   elsewhere   than   in 

town  of  residence  temporarily  un- 
employed. 

26.  Penalty  on  town  neglecting  to  raise 

funds  for  continuation  schools. 

MISCELLANEOUS    PROVISIONS. 

27.  Free  lectures. 

28.  Vacation  schools. 

29.  Female  assistants. 

30.  Duty  of  instructors  in  colleges,  etc. 

31.  Bible  to  be  read  in  schools. 

32.  Observance  of  Memorial  Day. 

33.  Vivisection  and  dissection  regulated. 

34.  Forfeiture  for  town's  neglect  to  raise 

money  for  schools. 

SCHOOL    COMMITTEES. 

35.  Commencement  of  term. 

36.  Secretary.     Records. 

37.  Duties  of  school  committee. 
Committee  to  contract  with  teachers. 
Inquiry  as  to  religion  or  politics  of 

candidates  for  teachers  forbidden. 
Minimum  salary  for  teachers. 
Tenure  of  teachers. 

42.  Discharge  of  teachers. 

43.  Reduction  of  salary. 

44.  Teachers  not  to  be  restricted  in  the 

exercise  of  certain  rights. 

Fees  for  procuring  teachers'  positions 
regulated. 

Instruction  of  mentally  retarded  chil- 
dren. 

Committee  may  supervise  athletic 
and  other  school  organizations. 

48.  Textbooks   and   supplies   to   be   pro- 

vided. 

49.  Purchase  of  textbooks  by  pupils. 

50.  Change  of  school  books. 

51.  Exhibition  of  school  work  at  exposi- 

tions. 

52.  Compensation  of  committee.     Mem- 

bers ineligible  to  serve  as  teacher, 
superintendent,  etc. 

53.  School  physicians  and  nurses. 

53A.  School  physicians  and  nurses  in 
superintendency  unions  or  dis- 
tricts. 

53B.  Towns  exempted  from  appointment 
of  school  physicians  and  nurses. 


38. 
39. 

40. 
41. 


45. 


46. 


47. 


30 


LAWS  RELATING  TO  EDUCATION.     [Chap.  71. 


Sect. 

54.  Physical      examination      of      pupils, 

teachers  and  janitors. 

55.  Examination  of  certain  pupils. 

66.  Parent  or  guardian  to  be  notified  of 
disease,  etc. 

57.  Testing  as  to  defective  sight,  etc. 

58.  Department    to    furnish    test    cards, 

blanks,  etc. 
69.  Superintendent  of  schools.     Election 
and  duties. 

60.  District  superintendent. 

61.  Union  of  towns  for  employment  of  su- 

perintendent. 

62.  Formation  or  readjustment  of  unions 

by  department. 

63.  Joint  committee.     Organization  and 

duties. 


Sect. 

64.  Salary  of  union  superintendent. 

65.  State  aid  to  unions. 

66.  Qualifications   of  superintendents  in 

state  aided  unions. 

67.  Superintendents  forbidden  to  receive 

pay  for  obtaining  positions. 

8CHOOLHOU8ES. 

68.  Towns  to  maintain  schoolhouses. 

69.  Flags,  provision  for,  and  display. 

70.  Situation  of  schoolhouses. 

71.  Public  use  of  school  property. 

72.  Sale  of  lunches  to  pupils  and  teachers. 

73.  Closing  of  school  for  teachers'  meet- 

ings. 

74.  School    funds    of    corporations    not 

affected. 


Maintenance 
of  public 
schools. 
C.  L.  136,  305. 
1692-3,  26,  §  5. 
1789,  19,  §  1. 
1823,  111. 
1826,  143,  §  1. 
R.  S.  23,  §  1. 
1839,  56,  §  1. 
1850,  229. 

1857,  206,  §  1. 

1858,  5. 

1859,  263. 
G.  S.  38,  §  1. 
1862,  7. 
1870,  248,  §  1. 
1876,  3,  §  1. 
P.KS.  44,  §  1. 

1884,  69. 

1885,  332. 
1894,231; 
320,  §  1. 
1898,  496,  §  1. 
1900,  218. 

R.  L.  42,  §  1. 
1908,  181. 
1910,  524. 
1911,247. 

1917,  169. 

1918,  257, 
§  174. 
1919,5; 
350,  §  56. 

1920,  2. 

1921,  360. 
10  Met.  508. 
196  Mass.  309. 


Teaching  of 
American 
history  and 
civics. 
1920,  411. 
Op.  A.  G. 
(1920)  196. 


Military  drill, 

gymnastics, 

etc 

1826,  143,  §  7. 


SUBJECTS   OF  STUDY. 

Section  1.  (As  amended  by  chapter  360,  Acts  of  1921.) 
Every  town  shall  maintain,  for  at  least  one  hundred 
and  sixty  days  in  each  school  year  unless  specifically 
exempted  as  to  any  one  year  by  the  department  of  educa- 
tion, in  this  chapter  called  the  department,  a  sufficient 
number  of  schools  for  the  instruction  of  all  children  who 
may  legally  attend  a  public  school  therein.  Such  schools 
shall  be  taught  by  teachers  of  competent  ability  and  good 
morals,  and  shall  give  instruction  and  training  in  orthog- 
raphy, reading,  writing,  the  English  language  and 
grammar,  geography,  arithmetic,  drawing,  the  history  of 
the  LTnited  States,  the  duties  of  citizenship,  physiology 
and  hygiene,  good  behavior,  indoor  and  outdoor  games 
and  athletic  exercise.  In  connection  with  physiology  and 
hygiene,  instruction  as  to  the  effects  of  alcoholic  drinks 
and  of  stimulants  and  narcotics  on  the  human  system,  and 
as  to  tuberculosis  and  its  prevention,  shall  be  given  to  all 
pupils  in  all  schools  under  public  control,  except  schools 
maintained  solely  for  instruction  in  particular  branches. 
Such  other  subjects  as  the  school  committee  considers 
expedient  may  be  taught  in  the  public  schools. 

1  Op.  A.  G.  576,  577.  Op.  A.  G.  (1920)  40. 

Section  2.  In  all  public  elementary  and  high  schools 
American  history  and  civics  shall  be  taught  as  required 
subjects  for  the  purpose  of  promoting  civic  service  and 
a  greater  knowledge  thereof,  and  of  fitting  the  pupils, 
morally  and  intellectually,  for  the  duties  of  citizenship. 

Section  3.  The  exercises  in  the  public  schools  may 
include   calisthenics,   gymnastics   and   military  drill;    but 


Chap.  71.]  PUBLIC  SCHOOLS.  31 

no  pupil  shall  be  required  to  take  part  in  any  military  r.  s.  23,  §  17. 
exercise  if  his  parent  or  guardian  is  of  any  religious  denom-  istI.SH^' 
ination  conscientiously  opposed  to  bearing  arms,  or  is  r  s:'44^^§  L^' 
himself  so  opposed,  and  the  school  committee  is  so  notified  {^i^aoi^*^*" 
in  writing;  or  if  a  physician  of  good  standing  certifies  in  i9io!292;§7. 
writing  that  in  his  opinion  such  exercises  would  be  in- 
jurious to  the  pupil. 

HIGH   SCHOOLS. 

Section  4.     Every  town  containing,  according  to  the  Certain  towns 
latest  census,  state  or  national,  five   hundred  families  or  wgh  schoX 
householders,    shall,    unless   specifically   exempted    by   the  \lll\  \l\^  ^■ 
department  and  under  conditions  defined  by  it,  maintain  r^I'sI^sV' 
a  high  school,  adequately  equipped,  which  shall  be  kept  1850,274. 
by  a  principal  and  such  assistants  as  may  be  needed,  of  1857!  200!  §  2. 
competent  ability  and  good  morals,  who  shall  give  instruc-  1868,226    ' 
tion  in  such  subjects  as  the  school  committee  considers  ]il8,t^96! §2. 
expedient.     One  or  more  courses  of  study,  at  least  four  fgu.th^^' 
years  in  length,  shall  be  maintained  in  such  high  school  l^lf^^^^' 
and  it  shall  be  kept  open  for  the  benefit  of  all  the  inhabit-  i9i9,'5. 
ants  of  the  town  for  at  least  one  hundred  and  eighty  days,  le  Mass.  ui. 
exclusive  of  vacations,  in  each  school  year.     Each  high  1  Op.  a^g.  319. 
school   maintained   by   a   town   required   to   belong   to   a  (1918)39. 
superintendency  union  shall  be  conducted  in  accordance 
with  standards  of  organization,  equipment  and  instruction 
approved  from  time  to  time  by  the  department. 

Section  5.     If  a  town  of  less  than  five  hundred  families  state  reim- 
or  householders,   according   to   such   census,    maintains  a  smanTo^s° 
public  high  school,   it  shall,   subject  to  section  nine,   be  hlgifsXoil 
reimbursed  annually  by  the  commonwealth,  a  sum,  not  }goi;loo; 
exceeding  twelve  hundred  and  fifty  dollars,  determined  as  flog- 427 
follows:   for  a  principal  and  for  each  teacher  devoting  full  1911,' 537. 

•  .  1918   198 

time  to  said  school,  two  hundred  and  fifty  dollars;  for  a  §§2,'8. 
principal  and  for  each  teacher  devoting  part  time  thereto 
a  part  of  two  hundred  and  fifty  dollars  proportional  to 
the  amount  of  time  so  devoted.  But  no  town  shall  receive 
any  such  reimbursement  unless  its  high  school  is  approved 
by  the  department. 

Section   6.      (As    amended    hy    chayter    296,    Acts    0/ fj°;t'no^  ^*"" 
1921.)     If  a  town  of  less  than  five  hundred  families  or  }^i^|f*Xoi!. 
householders,   according  to  such  census,   does  not  main-  i89i,  203.    ^ 
tain  a  public  high  school  offering  four  years  of  instruction,  1898!  490' 1 3! 
it  shall  pay  the  tuition  of  any  pupil  who  resides  therein  1902;  433. 
and   obtains   from   its   school   committee   a   certificate   to  l9}3;3b6; 
attend  a  high  school  of  another  town  included  in  the  list  §§^|;8^^' 

1921,296,  §  1. 


32 


LAWS  RELATING  TO  EDUCATION.     [Chap.  7L 


State  reim- 
bursement to 
small  towns 
for  transporta- 
tion of  high 
school  pupils. 
1913,  396. 
1918,  198, 
§§  4,  8. 
1921,  296,  §  2. 


State  reim- 
bursement to 
small  towns 
for  tuition  of 
high  school 
pupils. 
1895,  212 


of  high  schools  approved  for  this  purpose  by  the  depart- 
ment. Such  a  town  shall  also,  through  its  school  com- 
mittee, provide,  when  necessary,  for  the  transportation 
of  such  a  pupil  at  cost  up  to  forty  cents  for  each  day  of 
actual  attendance,  and  it  may  expend  more  than  said 
amount.  The  department  shall  approve  the  high  schools 
which  may  be  attended  by  such  pupils,  and  it  may,  for 
this  purpose,  approve  a  public  high  school  in  an  adjoining 
state.  Whenever,  in  the  judgment  of  the  department,  it 
is  expedient  that  such  a  pupil  should  board  in  the  town 
of  attendance,  the  town  of  residence  may,  through  its 
school  committee,  pay  toward  such  board,  in  lieu  of  trans- 
portation, such  sum  as  the  said  committee  may  fix. 

If  the  school  committee  refuses  to  issue  a  certificate  as 
aforesaid,  application  may  be  made  to  the  department, 
which,  if  it  finds  that  the  educational  needs  of  the  pupil 
in  question  are  not  reasonably  provided  for,  may  issue  a 
certificate  having  the  same  force  and  effect  as  if  issued  by 
the  said  committee.  The  application  shall  be  filed  with 
the  superintendent  of  schools  of  the  town  of  residence, 
and  by  him  transmitted  forthwith  to  the  department  with 
a  report  of  the  facts  relative  thereto. 

Section  7.  (As  amended  by  Chayter  296,  Acts  cf 
1921.)  If  the  expenditure  per  thousand  dollars  valuation 
from  the  proceeds  of  local  taxation  for  the  support  of 
public  schools,  made  by  any  town  of  less  than  five  hun- 
dred families  or  householders  for  the  three  town  fiscal 
years  preceding  any  school  year,  averaged  more  than  four 
and  not  more  than  five  dollars,  the  commonwealth  shall 
reimburse  the  town  for  one  half  the  amount  paid  by  it 
during  said  school  year  for  transportation  or  board  in 
accordance  with  the  preceding  section.  If  said  average 
was  more  than  five  and  not  more  than  six  dollars,  the 
reimbursement  shall  be  for  three  fourths  of  said  amount, 
or  if  said  average  was  more  than  six  dollars,  the  reimburse- 
ment shall  be  for  the  entire  sum.  Such  reimbursement 
shall  not  be  based  on  the  excess  of  any  amount  above 
forty  cents  for  each  day  of  actual  attendance  of  any  pupil, 
and  all  expenditures  for  which  reimbursement  is  claimed 
shall  be  subject  to  approval  by  the  department. 

Section  8.  If  the  valuation  of  a  town  of  less  than  five 
hundred  families  or  householders  for  its  fiscal  year  pre- 
ceding any  school  year  does  not  exceed  five  hundred  thou- 
sand dollars,  the  commonwealth  shall  reimburse  it,  subject 


Chap.  71.]  PUBLIC  SCHOOLS.  33 

to  the  following  section,  for  the  whole  amount  paid  by  it  ^^l-  \l\^  ^■ 
for  such  school  year  for  tuition  under  section  six;    if  said  1902;  433. 
valuation  exceeds  five  hundred  thousand  dollars  but  not  lois!  igs! 
one  million  dollars,  the  reimbursement  shall  be  for  three  iop'.a.g.427 
fourths  of  said  amount;    and  if  said  valuation  exceeds  one  fs^."^*^' 
million  dollars,   the  reimbursement  shall   be  one  half  of 
said  amount. 

Section  9.     No  town  shall  receive  any  reimbursement  Certain  towns 
for  a  school  year  under  sections  five  and  eight  if  its  valua-  reimburet°° 
tion  for  its  fiscal  year  preceding  said  school  year,  divided  i902%33. 
by  the  net  average  membership  of  its  public  schools  as  \ln',  537!  ^  ^' 
defined  by  section  five  of  chapter  seventy  for  the  school  sf^f's^^' 
year    preceding    the    year    for    which    reimbursement    is 
claimed,  exceeds  the  corresponding  quotient  for  the  com- 
monwealth. 

Section  10.     If  the  school  committee  of  a  town  of  less  state  reim- 
than  five  hundred  families  or  householders  not  maintain-  smauTowns" 
ing  a  public  high  school  offering  four  years  of  instruction,  XsSydfs- 
pays,  with  the  approval  of  the  department,  for  the  in-  igls!^'^^?. 
struction  of  a  pupil  who  by  reason  of  physical  disability  is 
unable  to  attend  a  high  school  in  another  towm,  the  com- 
monwealth shall  reimburse  the  town  therefor  under  the 
same  conditions  and  to  the  same  amount  as  for  tuition  in 
such  a  high  school,   and  for  transportation  thereto,   but 
not  exceeding  one  hundred  dollars  a  year  in  lieu  of  tuition 
plus  one  dollar  and  fifty  cents  per  week  of  actual  instruc- 
tion in  lieu  of  transportation. 

Section  11.      For   the    purposes   of   the   six   preceding  High  school 
sections,  a  "high  school"  is  defined  as  that  part  of  the  purposes°Jf 
school  system  which  furnishes  instruction  in  addition  to  buraement'. 
that  offered  in  the  first  eight  grades  and  other  than  voca-  ^^^^'  ^^^'  ^^^■ 
tional  instruction  directly  aided  by  the  commonwealth. 

Section  12.     No  person  shall  be  eligible  to  teach  in  a  xeachersin 
high  school  on  account  of  which  reimbursement  is  made  school"  to^ 
by  the  commonwealth  under  section  five  who  does  not  cates!^^'^'"''' 
hold  a  high  school  teacher's  certificate  issued  by  the  de-  i9ii.375,  §1. 
partment   as  provided   in   section   five  of   chapter   sixty- 
nine. 

Section  13.     In  every  public  high  school  having  not  s°^^h7n^' 
less  than  one  hundred  and  fifty  pupils  and  offering  a  com-  ji^,^  ^SqS°'^- 
mercial    course    of    study,    commercial    Spanish    shall    be 
taught  upon  the  written  request  of  the  parents  or  guard- 
ians of  not  less  than  twenty  pupils  and  the  enrolment  of 
not  less  than  twenty  properly  qualified  pupils,  provided 


34 


LAWS  RELATING  TO  EDUCATION.      [Chap.  7L 


High  school 
districts. 
1848,  279, 
§§  1-4. 
G.  S.  38, 
§§  3-6. 
P.  S.  44, 
§§  3-6. 
R.  L.  42. 
§§4-7. 

1918,  257, 
§§  176,  177. 

1919,  5; 
292,  §  1. 

1920,  2. 


State  reim- 
bursement of 
towns  in  high 
school  districts. 

1918,  257, 
§  178. 

1919,  5. 

1920,  2. 


said  request  is  made,  and  said  enrolment  is  completed, 
before  the  preceding  August  first. 

Section  14.  Two  or  more  towns  may  vote  to  form  a 
union  high  school  district,  subject  to  the  approval  of  the 
department,  for  the  purpose  of  establishing  and  main- 
taining a  union  high  school.  The  management  and  con- 
trol of  such  school  shall  be  vested  in  a  committee,  with 
all  the  powers  of  school  committees,  composed  of  one 
member  elected  by  and  from  the  school  committee  of  each 
constituent  town.  The  committee  shall,  with  the  approval 
of  the  department,  determine  the  situation  of  the  school- 
house.  The  proportion  payable  by  each  town  for  the 
erection  and  maintenance  of  a  permanent  schoolhouse  and 
for  the  support  of  the  school,  including  the  transportation 
of  pupils  to  such  school  when  necessary,  unless  otherwise 
agreed,  shall  be  according  to  its  proportion  of  the  county 
tax. 

Section  15.  Every  town  where  a  union  high  school  is 
situated  shall  be  reimbursed  by  the  commonwealth  for 
the  sums  contributed  to  the  support  of  such  school  tQ  the 
same  amount  and  under  the  same  conditions  as  if  said 
sums  had  been  expended  to  maintain  a  local  high  school. 
Each  other  participating  town  shall  so  be  reimbursed  to 
the  same  amount  and  under  the  same  conditions  as  if  its 
contribution  had  been  expended  for  the  tuition  of  its 
pupils  in  another  town. 


Union  schools. 
1868,  278. 
P.  S.  44, 
§§10,  U. 
R.  L.  42,  §  8. 
1919,  292,  §  2. 
103  Mass.  99. 


UNION   SCHOOLS. 

Section  16.  Two  or  more  towns  may  severally  vote  to 
establish  union  schools  for  the  accommodation  of  such 
contiguous  portions  of  each  as  may  be  agreed  upon.  The 
management  and  control  of  such  schools,  the  situation  of 
the  schoolhouses  therefor,  and  the  apportionment  of  the 
expenses  of  erecting  such  schoolhouses  and  of  the  support 
and  maintenance  of  said  schools,  and  of  all  expenditures 
incident  to  the  same,  shall  be  determined  by  the  school 
committees  of  the  participating  towns. 


Teaching 
of  manual 
training  and 
household  arts. 
1894,  471. 
1898,  496,  §  4. 
R.  L.  42,  §  9. 


MANUAL   TRAINING    AND    HOUSEHOLD    ARTS. 

Section  17.  Every  town  of  twenty  thousand  inhabit- 
ants shall  maintain  the  teaching  of  manual  training  and 
household  arts  as  part  of  both  its  elementary  and  its  high 
school  program  of  studies.  i9i9, 292,  §  3. 


Chap.  71.]  PUBLIC  SCHOOLS.  35 


EVENING    SCHOOLS. 

Section  18.     Any  town  may,  and  every  town  in  which  Evening 

there  are  issued  during  any  year  certificates  authorizing  i87o°248,  §  2. 

the  employment  of  twenty  or  more  persons  who  do  not  r8l3,'\'74!  §  1 

possess  the  educational  qualifications  enumerated  in  sec-  i^^^!^*^'.^,? 
•  i"!  •  111  ..„  a.  L.  42,  §  11. 

tion   one   01    chapter   seventy-six,   shall   maintain    for   not  isi^.  590. 

less  than  forty  evenings  during  the  following  school  year  §  179. 
an  evening  school  or  schools  for  the  instruction  of  persons  1920!  2^ 
over  fourteen  years  of  age  in  orthography,  reading,  writ- 
ing, the  English  language  and  grammar,  geography, 
arithmetic,  industrial  drawing,  both  free  hand  and  me- 
chanical, the  history  of  the  United  States,  physiology  and 
hygiene  and  good  behavior.  Such  other  subjects  may  be 
taught  as  the  school  committee  considers  expedient. 

Section  19.     Every  city  of  fifty  thousand  inhabitants  Evening  high 
shall  maintain  annually  an  evening  high  school,  in  which  i886?236,  §1. 
shall   be   taught   such   subjects   as   the   school   committee  k^l!42^§\2! 
considers  expedient,   if  fifty  or   more   residents,   fourteen 
years  or  over,  competent  in  the  opinion  of  the  committee 
to   pursue   high   school   studies,   shall   petition   in   writing 
for  an  evening  high  school  and  certify  that  they  desire 
to  attend. 

Section  20.     The   school   committee   shall,   two   weeks  Notices  as  to 

,      1     e  ,1  •  p  1.  j>j1  •  evening  schools. 

next    berore    the    opening    or    each    term    or    the    evening  Fee  for 
schools,  post  in  three  or  more  public  places  in  the  town  i887"433,''§  4. 
notice  of  the  situation  of  said  schools,  the  date  of  the  fgi^;  H^^  ^^^ 
beginning  of  the  term,  the  evenings  of  the  week  on  which 
they  will  be  in  session,  such  regulations  as  to  attendance 
as  it  deems  proper,  and  the  provisions  of  section  ninety- 
five  of  chapter  one  hundred  and  forty-nine.     It  may  re- 
quire from  each  student,  not  bound  by  law  to  attend,  an 
advance  payment  not  exceeding  one  dollar,  which  may, 
at  its  discretion,   be  paid  into  the  town  treasury  to   be 
credited  to  the  school  appropriation,  or  be  returned  wholly 
or  in  part  at  such  time  and  under  such  conditions  as  the 
committee  determines. 


continuation  schools. 

Section  21.     Every  town  which  has  accepted  chapter  Continuation 
three  hundred  and  eleven  of  the  General  Acts  of  nineteen  i9i3?86r>,  §  1. 
hundred  and  nineteen,   and  in  which,  in  any  year,   two  ds^*!;!^^' ^  ^' 
hundred  or  more  minors  under  sixteen  are  employed  not  (1^20)"^6s. 


36 


LAWS  RELATING  TO  EDUCATION.      [Chap.  7L 


Compulsory 
attendance  at 
continuation 
Bchools. 
1913,  805,  §  1. 
1919,311.  §  1, 
els.  2,  3. 
Op.  A.  G. 
(1920)  168. 


Utilization 
of  existing 
educational 
facilities. 
1919,311, 
§  1,  cl.  4. 


State  reim- 
bursement for 
continuation 
schools. 
1913,  805, 
§§  2,  3. 
1919,311,  §  2. 


Minors  work- 
ing elsewhere 
than  in  town 
of  residence 
temporarily 


less  than  six  hours  per  day  by  authority  of  employment 
certificates  or  home  permits  described  in  section  one  of 
chapter  seventy-six,  exclusive  of  minors  employed  only 
during  vacations,  shall,  and  any  other  town  which  has 
accepted  said  chapter,  may,  through  its  school  committee, 
local  board  of  trustees  for  vocational  education,  or  both, 
establish  at  the  beginning  of  the  next  school  year  and 
maintain  continuation  schools  or  courses  of  instruction  for 
the  education  of  such  minors,  and  for  such  others  as  may 
be  required  to  attend  under  section  twenty-five.  The  said 
schools  or  courses  shall  be  in  session  the  same  number  of 
weeks  in  each  year  as  the  local  high  schools,  and  the 
sessions  shall  be  between  the  hours  of  eight  in  the  morn- 
ing and  five  in  the  afternoon  of  any  working  days  except 
Saturday. 

Section  22.  Every  minor  described  in  the  preceding 
section  shall,  subject  to  the  laws  relating  to  the  public 
schools,  attend  said  schools  or  courses  in  the  town  of  his 
employment  for  not  less  than  four  hours  per  week;  but 
the  attendance  of  minors  who  have  been  required  to 
attend  continuation  schools,  and  are  temporarily  out  of 
employment  or  business,  shall  be  for  not  less  than  twenty 
hours  per  w^eek,  if  said  schools  or  coursefs  are  so  long  in 
session.  Instruction  in  the  regular  schools  may  and  upon 
application  of  the  parent  or  guardian  shall  be  accepted 
as  equivalent  to  that  required  by  this  section  and  section 
twenty-five. 

Section  23.  In  the  establishment  and  conduct  of  said 
schools  or  courses,  a  town  may  take  advantage  of  estab- 
lished educational  agencies,  and  may  utilize  any  suitable 
quarters  approved  by  the  department;  but,  when  estab- 
lished, the  said  schools  or  courses  shall  be  a  part  of  the 
public  school  system  of  the  town. 

Section  24.  Towns  maintaining  such  schools  or 
courses  as  are  approved  by  the  department  as  to  organ- 
ization, control,  situation,  equipment,  courses  of  study, 
qualifications  of  teachers,  methods  of  instruction,  condi- 
tions of  admission,  employment  of  pupils  and  expendi- 
tures of  money,  shall  be  reimbursed  by  the  commonwealth 
for  one  half  the  sum  raised  by  local  taxation  and  expended 
for  their  maintenance. 

Section  25.  Any  minor  under  sixteen  w^ho  has  been 
regularly  employed  in  a  town  other  than  that  of  his  resi- 
dence, and  who  is  temporarily  unemployed,  may  be  re- 


Chap.  71.]  PUBLIC   SCHOOLS.  37 

quired,  under  conditions  approved  by  the  department,  to  unemployed. 
attend  a  continuation  school  or  course  in  the  town  of  his  iQioilii;^*' 
residence.  ^  ^'  "'•  ^■ 

Section  26.     A  town  required   by  section  twenty-one  Penalty  on 
to    estabhsh    and    to    maintain    continuation    schools    or  toTai°e^finds"^ 
courses  which  refuses  or  neglects  to  appropriate  money  [°m  echoX' 
necessary  therefor,   shall  forfeit  from  funds  due  it  from  ^^^^'  ^^^'  ^  ^■ 
the  commonwealth  a  sum  equal  to  twice  that  estimated 
by  the  department  as  necessary  properly  to  provide  for 
the  same.     A  sum  equal  to  three  fifths  of  such  forfeiture 
shall  be  paid  by  the  state  treasurer  to  the  school  commit- 
tee of  the  delinquent  town,  and  the  committee  shall  ex- 
pend the  same  for  such  establishment  and  maintenance  to 
the  same  extent  as  if  it  had  been  regularly  appropriated 
by  the  town  therefor. 

MISCELLANEOUS   PROVISIONS. 

Section  27.     The  school  committee  may  employ  com-  Free  lectures. 
petent  persons  to  deliver  lectures  on  the  natural  sciences,  1900,  lel 
history,  and  kindred  subjects,  and  may  provide  cards  or  ^-  ^-  ^^'  ^  ^^• 
pamphlets  giving  the  titles  and  authors  of  books  of  refer- 
ence on  the  subject  matter  of  said  lectures  contained  in 
the  local  public  libraries. 

Section  28.     The  school  committee  may  establish  and  vacation 
maintain  schools  to  be  kept  open  for  the  whole  or  any  1899,246. 

.  R.    I     42    €  1 5 

part   of   the   summer   vacation;     but   attendance   thereon    ■   ■    ' 
shall  not  be  compulsory  or  be  considered  as  a  part  of  the 
school  attendance  required  by  law. 

Section  29.     In  every  public  school  having  a  member-  Female 
ship  of  fifty  pupils  or  more,  one  or  more  female  assistants  f|39^56f§  1. 
shall  be  employed  unless  the  town  votes  otherwise.  ^-  ®-  ^^'  §  ^• 

p.  S.  44,  §  14.  R.  L.  42,  §  17. 

Moral  Instruction. 
Section  30.     The   president,    professors   and   tutors   of  Duty  of  in- 

1  •  •  /^I'l  i(»i  111  structors  m 

the  university  at  Cambridge  and  or  the  several  colleges,  colleges, etc. 
all  preceptors  and  teachers  of  academies  and  all  other  in-  1789, 19, '§  4. ' 
structors  of  youth  shall  exert  their  best  endeavors  to  im-  r.s.'23,  §7. ' 
press  on  the  minds  of  children  and  youth  committed  to  p.l.lf.'lis' 
their  care  and  instruction  the  principles  of  piety  and  jus-  f2Aiitn'i 
tice  and  a  sacred  regard  for  truth,  love  of  their  country, 
humanity   and   universal   benevolence,    sobriety,   industry 
and  frugality,  chastity,  moderation  and  temperance,  and 


18. 
127. 


38 


LAWS  RELATING  TO  EDUCATION.      [Chap.  7L 


Bible  to  be 
read  in  schools. 
1826,  143,  §  7. 
R.  S.  23,  §  23. 
1855,  410. 
G.  S.  38,  §  27. 
1862,  57. 
1880,  176. 
P.  S.  44,  §  .32. 
R.  L.  42,  §  19. 
12  Allen,  127. 


those  other  virtues  which  are  the  ornament  of  human 
society  and  the  basis  upon  which  a  repubhcan  constitu- 
tion is  founded;  and  they  shall  endeavor  to  lead  their 
pupils,  as  their  ages  and  capacities  will  admit,  into  a 
clear  understanding  of  the  tendency  of  the  above  mentioned 
virtues  to  preserve  and  perfect  a  republican  constitution 
and  secure  the  blessings  of  liberty  as  well  as  to  promote 
their  future  happiness,  and  also  to  point  out  to  them  the 
evil  tendency  of  the  opposite  vices. 

Section  3L  A  portion  of  the  Bible  shall  be  read  daily 
in  the  public  schools,  without  written  note  or  oral  com- 
ment; but  a  pupil  whose  parent  or  guardian  informs  the 
teacher  in  writing  that  he  has  conscientious  scruples 
against  it,  shall  not  be  required  to  read  from  any  particu- 
lar version,  or  to  take  any  personal  part  in  the  reading. 
The  school  committee  shall  not  purchase  or  use  in  the 
public  schools  school  books  favoring  the  tenets  of  any 
particular  religious  sect. 


Observance  of 
Memorial  Day. 
1890,  111. 
R.  L.  42,  §  20. 


Memorial  Day. 

Section  32.  In  all  the  public  schools  the  last  regular 
session,  or  a  portion  thereof,  prior  to  May  thirtieth,  known 
as  Memorial  Day,  shall  be  devoted  to  patriotic  exercises. 


Vivisection 
and  dissection 
regulated. 
1894,  151. 
R.  L.  42,  §  21. 


Forfeiture  for 
town's  neglect 
to  raise  money 
for  schools. 
C.  L.  137;  305. 
1692-3,  26,  §  5. 
1701-2,  10,  §  1. 
1718-19,  2. 
1789,  19, 
§§  6,  7. 
1826,  143, 
§§  4,  10,  19. 
1829,  116. 


Vivisection  and  Dissection. 

Section  33.  No  person  shall,  in  the  presence  of  a  pupil 
in  any  public  school,  practice  vivisection,  or  exhibit  a 
vivisected  animal.  Dissection  of  dead  animals  or  any 
portions  thereof  in  such  schools  shall  be  confined  to  the 
class  room  and  to  the  presence  of  pupils  engaged  in  the 
study  to  be  promoted  thereby,  and  shall  in  no  case  be  for 
the  purpose  of  exhibition.  Violation  of  this  section  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
fifty  dollars. 

Suyport  of  Public  Schools. 

Section  34.  Towns  shall  raise  by  taxation  money 
necessary  for  the  support  of  public  schools  as  required  by 
this  chapter.  For  refusal  or  neglect  so  to  do  a  town 
shall  forfeit  to  the  county  an  amount  equal  to  twice  the 
highest  sum  ever  before  voted  for  the  support  of  the 
schools  in  the  town,  or  for  refusal  or  neglect  to  choose  a 
school  committee  or  to  comply  for  one  year  with  section 


Chap.  71.]  PUBLIC   SCHOOLS.  39 

sixty-eight,  it  shall  forfeit  not  less   than   five  hundred  nor  r.  s.23, 
more  than  one  thousand   dollars.     Three   fourths   of  any  ilsg.Hs;'"' *'^ 
forfeiture  so  recovered  shall  be  paid  by  the  county  treas-  g^|  ^Js'^vl  12 
urer  to  the   school   committee,   if  any,   otherwise'  to  the  \i^l\f^- 
selectmen  of  the  delinquent  town,  who  shall  expend  it  for  the  p  «'-i4,'§§  17, 
support  of  the  schools  thereof  as  if  regularly  appropriated  r.'l.42,*' 
by  the  town  therefor.  1920,  78.  10  Met.  sos.  ili9%92,Y9. 

SCHOOL   COMIMITTEES. 

Section  35.     In    cities    where    no    other    provision    is  Commence- 
made  in  the  charter  thereof,  the  term  of  office  of  members  i846!223:Ti. 
of  the  school  committee  shall  begin  at  the  same  time  w^ith  ?865,'m^^°' 
that  of  the  members  of  the  city  council.        r.  l.  42,  §  25.  ^  ^-  ^^'  §  ^s. 

Section  36.     The    school    committee    shall    appoint    a  secretary. 
secretary   who   shall   keep   a   permanent   record   book,   in  issTioo,  §  .3. 
which    all    its    votes,    orders    and    proceedings    shall    be  p.f.H.'Ip- 
recorded.  116  Mass.  365.  180  Mass.  20.  R.  L.  42,  §  26. 

Section  37.  It  shall  have  general  charge  of  all  the  Duties  of 
public  schools,  including  the  evening  schools  and  evening  mittee."""'" 
high  schools,  and  of  vocational  schools  and  departments  p.' Ill,' ^  ^^' 
when  not  otherwise  provided  for.  It  may  determine,  fLs,  m,  §  2. 
subject  to  this  chapter,  the  number  of  weeks  and  the  hours  Jigs' 496'  fl' 
during  wdiich  such  schools  shall  be  in  session,  and  may  fQ^llj^^"^- 
make  regulations  as  to  attendance  therein.  §  iso. 

195  Mass.  29. 
216  Mass.  19. 
221  Mass.  427. 
229  Mass.  304. 
3  Op.  A.  G.  37. 

Employment  of  Teachers. 

Section  3S.  It  shall  elect  and  contract  with  the  committee  to 
teachers  of  the  public  schools,  shall  require  full  and  satis-  terchers.'"^*' 
factory  evidence  of  their  moral  character,  and  shall  ascer-  J|?|'  l^^-  ^  ^■ 
tain  their  qualifications  for  teaching  and  their  capacity  pi'^^'lol 
for  the  government  of  schools.  isQi.  is'o.  " 

1894  329   5  4 
R.  L.  42,  §  28.  4  Cush.  599.  9  Allen,  94.  98  Mass.  587.  ' 

Section  39.     No    public    school    committee    or   official  inquiry  as  to 

1      ,,    .  .  .  .  ,.    .       p  religion  or 

snail  inquire  concerning,  or  require  or  solicit  from  an  ap-  politics  of  can- 
plicant  for  a  position  in  the  public  schools    any  informa-  teachers 
tion  as  to,  his  religious  belief,   creed  or  practice,  or  his  1917!  si." 
political  opinions  or  aflBIiations;    and  no  appointment  to  ■^Op  -^  G-^is. 
such  a  position  shall  be  in  any  manner  affected  thereby. 
Violation  of  this  section  shall  be  punished   by  a  fine  of 
not  more  than  fifty  dollars. 


1919,  5. 

12  Allen,  127. 

1920,  2. 

105  Mass.  475. 

23  Pick.  224. 

116  Mass.  365. 

5  Cush.  198, 

157  Mass.  561. 

12  Gray,  61. 

181  Mass.  127. 

10  Allen,  149. 

193  Mass.  294. 

40 


LAWS  RELATING  TO  EDUCATION.     [Chap.  7L 


Minimum 
salary  for 
teachers. 
1918,  197. 
1921,  420,  §  4. 

1  Op.  A.  G.  576. 

2  Op.  A.  G.  240. 


Tenure  of 
teachers. 
1886,  313. 
R.  L.  42,  §  32. 
1914,  714, 
§§  1,7,8. 

1918,  257, 
§  182. 

1919,  5. 

1920,  2. 


Discharge  of 
teachers. 
1844,  32. 
G.  S.  38,  §  25. 
P.  S.  44,  §  30. 
R.  L.  42,  §  31. 
1914,  714, 
§§  2,  4,  5,  7,  8. 
1921,  293. 
12  Gray,  339. 
9  Allen,  94. 
123  Mass.  545. 
236  Mass.  5. 


Reduction 
of  salary, 
1914,  714, 
§§  3,  8. 


Section  40.  {As  amended  hy  chayter  4^0,  Acts  of  1921.) 
The  compensation  of  every  teacher  employed  in  any  public 
day  school  in  the  commonwealth,  except  persons  in  train- 
ing and  those  employed  as  temporary  substitutes,  shall 
be  at  a  rate  of  not  less  than  seven  hundred  and  fifty 
dollars  for  the  school  year  in  that  school. 

Section  4L  Every  school  committee,  except  in  Boston, 
in  electing  a  teacher  or  superintendent,  who  has  served  in 
its  public  schools  for  the  three  previous  consecutive  school 
years,  other  than  a  union  or  district  superintendent,  shall 
employ  him  to  serve  at  its  discretion;  but  any  school 
committee  may  elect  a  teacher  who  has  served  in  its 
schools  for  not  less  than  one  school  year  to  serve  at  such 
discretion. 

Section  42.  {As  amended  by  chapter  293,  Acts  of  1921.) 
The  school  committee  may  dismiss  any  teacher,  but  in 
every  town  except  Boston  no  teacher  or  superintendent, 
other  than  a  union  or  district  superintendent,  shall  be 
dismissed  unless  by  a  two  thirds  vote  of  the  whole  com- 
mittee. In  every  such  town  a  teacher  or  superintendent 
employed  at  discretion  under  the  preceding  section  shall 
not  be  dismissed  unless  at  least  thirty  days  prior  to  the 
meeting,  exclusive  of  customary  vacation  periods,  at  which 
the  vote  is  to  be  taken,  he  shall  have  been  notified  of  such 
intended  vote,  nor  unless,  if  he  so  requests,  he  shall  have 
been  given  a  statement  by  the  committee  of  the  reasons 
for  which  his  dismissal  is  proposed;  nor  unless,  if  he  so 
requests,  he  has  been  given  a  hearing  before  the  school 
committee,  at  which  he  may  be  accompanied  by  a  witness; 
nor  unless,  in  the  case  of  a  teacher,  the  superintendent 
shall  have  given  the  committee  his  recommendations 
thereon.  Neither  this  nor  the  preceding  section  shall  affect 
the  right  of  a  committee  to  suspend  a  teacher  or  superin- 
tendent for  unbecoming  conduct,  or  to  dismiss  a  teacher 
whenever  an  actual  decrease  in  the  number  of  pupils  in 
the  schools  of  the  town  renders  such  action  advisable. 
No  teacher  or  superintendent  who  has  been  lawfully  dis- 
missed shall  receive  compensation  for  services  rendered 
thereafter,  or  for  any  period  of  lawful  suspension  followed 
by  dismissal. 

Section  43.  The  salary  of  no  teacher  employed  in 
any  town  except  Boston  to  serve  at  discretion  shall  be 
reduced  without  his  consent  except  by  a  general  salary 
revision  affecting  equally  all  teachers  of  the  same  salary 


Chap.  71.]  PUBLIC  SCHOOLS.  41 

grade  in  the  town.  The  salary  of  no  superintendent  so 
employed  shall  be  reduced  without  his  consent  until  at 
least  one  year  after  the  committee  has  so  voted. 

Section  44.     No  committee  shall  by  rule,  regulation,  or  Teachers  not 
otherwise,  restrict  any  teacher  in,  or  dismiss  him  for,  exer-  fntifee!fercis*f* 
cising   his   right   of   suffrage,    signing   nomination   papers,  r/ghts*'*''' 
petitioning  the  general  court  or  appearing  before  its  com-  i^i^,  628. 
mittees,  to  the  extent  that  such  rights,  except  voting,  are 
not  exercised  on  the  school  premises  during  school  hours, 
or  when  their  exercise  would  actually  interfere  with  the 
performance  of  school  duties. 

Section  45.     No  person  shall  demand  or  accept  from  Fees  for  pro- 
any  applicant  for  the  position  of  teacher  in  the  public  positwnr''^^" 
schools  a  fee  or  other  compensation  exceeding  two  dollars,  ign'.'^Tai; 
and  no  additional  sum  shall  be  charged  to  cover  expenses  o\% 
or  for  any  other  reason,  except  that  further  compensation,  (i920)'74. 
not  exceeding  five  per  cent  of  the  teacher's  salary  for  the 
first  year,  provided  the  position  is  open  to  the  teacher  for 
said  period,  may  be  charged  for  procuring  such  position. 
Violation  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  fifty  nor  more  than  five  hundred  dollars. 


Mentally  Retarded  Children. 

Section  46.     The  school  committee  of  every  town  shall  m|ntaiiy°r°e-°^ 
annually   ascertain,    under   regulations   prescribed   by  the  ^^Q^^^ff^f^Q- 
department  and  the  commissioner  of  mental  diseases,  the  §§  serrg.'so.  ' 
number  of  children  three  years  or  more  retarded  in  mental 
development    in    attendance   upon   its   public   schools,   or 
of  school  age  and  resident  therein.     At  the  beginning  of 
each  school  year,  the  committee  of  every  town  where  there 
are  ten  or  more  such  children  shall  establish  special  classes 
for   their   instruction    according   to    their   mental    attain- 
ments, under  regulations  prescribed  by  the  department. 

School  Organizations. 
Section  47.     The  committee  mav  supervise  and  control  Committee 

nil-  11  .         .     "  ^  1        r?  II-      may  supervise 

all  athletic  and  other  organizations  composed   or   public  athletic  and 

,,  .,  ii'i  11  •]    other  school 

school  pupils  and   bearing  the  school  name  or  organized  organizations. 
in  connection  therewith.     It  may  directly  or  through  an  icm'.su. 
authorized    representative    determine    under   what   condi- ^^^^' ^^^' ^  ^• 
tions  the  same  may  compete  with   similar  organizations 
in  other  schools.     Expenditures  by  the  committee  for  the 


42 


LAWS  RELATING  TO  EDUCATION.     [Chap.  71. 


supervision  of  play  and  games  on  land  under  the  com- 
mittee's control,  or  for  the  equipment  thereof,  shall  be 
deemed  to   be   for  a   school   purpose. 


Textbooks  and 
supplies  to  be 
provided. 
1826,  143,  §  7. 
1855,  436. 
1873,  106. 
1878,  23. 
P.  S.  44,  §  40. 

1884,  103. 

1885,  161,  §  2. 
1894,  320,  §  2. 
R.  L.42, 

§§  35,  37. 
13  Pick.  229. 
187  Mass.  436. 


Purchase  of 

textbooks  by 

pupils. 

1901,472. 

R.  L.  42,  §  36. 

1919,  292,  §  8. 


Change  of 
school  books. 
1859,  93,  §  2. 
G.  S.  38,  §  28. 
1863,  126. 
1867,  155. 
1876,  47,  §  2. 
P.  S.  44,  §  34. 
R.  L.  42,  §  38. 


Exhibition  of 
school  work  at 
expositions. 
1904,  172. 


Compensation 
of  committee. 
Members 
ineligible  to 
serve  as 
teacher,  super- 
intendent, etc. 

1838,  105,  §  4. 

1854,  314. 

1856,  232. 

G.  S.  38, 

§§  34,  35. 

1873,  157. 

P.  S.  44, 

§§  42,  43. 

1888,  431,  §  5. 

1898,  466,  §  5. 

R.  L.  42,  §  39. 

1904,  173. 


Free  Textbooks  and  School  Supplies. 

Section  48.  The  committee  shall,  at  the  expense  of 
the  town,  purchase  textbooks  and  other  school  supplies, 
and,  under  such  regulations  as  to  their  care  and  custody 
as  it  mav  prescribe,  shall  loan  them  to  the  pupils  free  of 
charge.  If  instruction  is  given  in  the  manual  and  domestic 
arts,^it  may  so  purchase  and  loan  the  necessary  tools, 
implements 'and  materials.  It  shall  also,  at  like  expense, 
procure  such  apparatus,  reference  books  and  other  means 
of  illustration,  as  may  be  needed. 

Section  49.  Pupils  in  the  public  schools  may,  it  the 
committee  so  votes,  purchase  from  the  town,  under  such 
regulations  as  the  committee  may  prescribe,  any  text- 
bo'oks  which  are  to  be,  or  ha-ve  been,  used  by  them  m  such 

schools.  1      •        1,         11 

Section  50.  A  change  may  be  made  m  the  school 
books  used  in  the  public  schools  by  a  vote  of  two  thirds 
of  the  whole  school  committee  at  a  meeting  thereof,  notice 
of  such  intended  change  having  been  given  at  a  previous 
meeting. 

Exhihition  of  School  Work. 
Section  5L     The  school  committee  may,  at    any^  na- 
tional,   state,   or   foreign   exposition,    make   an   exhibition 
showing   the   character,    standing,    or   work   of   its   public 
schools. 

Compensation  of  School  Committee. 
Section  52.  The  school  committee  shall  serve  without 
compensation,  except  that  in  a  town  required  to  belong 
to  a  superintendency  union  which  votes  to  compensate 
the  committee,  its  members  shall  each  be  paid  two  dollars 
and  fifty  cents  a  day  for  the  time  actually  devoted  to  their 
official  duties,  and  such  additional  compensation  as  the 
town  may  allow.  No  member  of  a  school  committee  m 
anv  town  shall  be  eligible  to  the  position  of  teacher,  or 
superintendent  of  public  schools  therein,  or  in  any  union 
school  or  superintendency  union  or  district  in  which  his 
town  participates. 


Chap.  71.]  PUBLIC   SCHOOLS.  43 


Medical  Inspection. 

Section  53.     {As  amended  by  chapter  357,  Acts  of  1921.)  School 
The  school  committee  shall  appoint  one  or  more  school  anfnufs"! 
physicians   and   nurses,   shall   assign   them   to   the   public  iqio!  li;  §  \. 
schools   within   its   jurisdiction,    shall   provide   them   with  ^^"^' ^^^' ^  ^• 
all  proper  facilities  for  the  performance  of  their  duties  and 
shall  assign  one  or  more  physicians  to  the  examination 
of  children  who  apply  for  health  certificates  required  by 
section  eighty-seven   of  chapter  one  hundred  and  forty- 
nine,  but  in  cities  where  the  medical  inspection  hereinafter 
prescribed    is    substantially    provided    by    the    board    of 
health,    said   board   shall   appoint   and   assign   the   school 
physicians    and    nurses.      The    department    may    exempt 
towns  having  a  valuation  of  less  than  one  million  dollars 
from  so  much  of  this  section  as  relates  to  school  nurses. 

Section    53A.      {As   enacted   by   section   ^    chapter   357,  ^f °?!ian. 
Acts   of   1921.)     A    superintendency    district    formed    and  ?nd  nurses 
conducted    under    the    provisions    of   section    sixty,    or    a  tendency"" 
superintendency  union  formed  and  conducted  under  the  ll^tTal' 
provisions   of   sections   sixty-one   to    sixty-four,    inclusive,  i^^i.so?.  §2. 
may  employ  one  or  more  school  physicians  and  may  em- 
ploy one  or  more  school  nurses;    determine  the  relative 
amount  of  service  to  be  rendered  by  each  in  each  town: 
fix  the  compensation  of  each  person  so  employed;    appor- 
tion the  payment  thereof  among  the  several  towns;    and 
certify  the  respective  shares  to  the  several  town  treasurers. 
A  school  physician  or  nurse  so  employed  may  be  removed 
by  a  two  thirds  vote  of  the  full  membership  of  the  joint 
committee. 

Section    53B.      {As   enacted   by   section   2,    chapter   357,  Towns  ex- 
Acts   of  1921.)     The   towns   comprised   in  a   superintend-  appointment 
ency  district    or  union    employing,  to  the    satisfaction  of  phySns 
the  department,  one  or  more  school  physicians  and  nurses  i92i°'3^Tf §  2. 
in  accordance  with  the  provisions  of  section  fifty-three  A 
shall  be  exempt  from  the  provisions  of  section  fifty-three 
requiring  the  appointment  of  such  persons. 

Section    54.      Every    school    physician    shall    make     a  Physical 
prompt  examination  and  diagnosis  of  all  children  referred  of  pupii!s,'"" 
to  him  as  hereinafter   provided,  and    such    further  exami-  lanitore'"^"'' 
nation  of  teachers,  janitors  and  school  buildings  as  in  his  {gjlj;  257;  1 2 
opinion  the  protection  of  the  health  of  the  pupils  may 
require.     Every  such  physician  who  is  assigned  to  perform 
the  duty  of  examining  children  who  apply  for  health  cer- 


44 


LAWS  RELATING  TO  EDUCATION.      [Chap.  7L 


Examination 
of  certain 
pupils. 
1906,  502,  §  3. 


Parent  or 
guardian  to  be 
notified  of 
disease,  etc. 
1906,  502, 
§§4,5. 


Testing  as  to 

defective  sight, 

etc 

1906,  502, 

§§  5,  6. 

1919,  350,  §  96. 


Department  to 

furnish  test 

cards,  blanks, 

etc 

1906,  502,  §  6. 


tificates  shall  make  a  prompt  examination  of  every  child 
who  wishes  to  obtain  an  employment  certificate,  as  pro- 
vided in  section  eighty-seven  of  chapter  one  hundred  and 
forty-nine,  and  who  presents  to  said  physician  the  pledge 
or  promise  of  the  employer,  as  provided  in  said  section; 
and  the  physician  shall  certify  in  writing  whether  or  not 
in  his  opinion  such  child  is  in  sufficiently  sound  health 
and  physically  able  to  perform  the  work  described  in  said 
pledge  or  promise. 

Section  55.  The  school  committee  shall  cause  to  be 
referred  to  a  school  physician  for  examination  and  diag- 
nosis every  child  returning  to  school  without  a  certificate 
from  the  board  of  health  after  absence  on  account  of  illness 
or  from  unknown  cause,  and  every  child  who  shows  signs 
of  ill  health  or  of  suffering  from  infectious  or  contagious 
disease,  unless  at  once  excluded  from  the  school  bv  the 
teacher.  But  in  the  case  of  schools  remotely  situated,  the 
committee  may  make  such  other  arrangements  as  may 
best  accomplish  the  purposes  of  this  section. 

Section  56.  The  committee  shall  cause  the  parent  or 
guardian  to  be  notified  of  any  disease  or  defect  from  which 
any  child  is  found  to  be  suffering,  or  of  any  defect  or  dis- 
ability requiring  treatment,  ascertained  under  the  follow- 
ing section.  A  child  showing  symptoms  of  smallpox,  scar- 
let fever,  measles,  chicken-pox,  tuberculosis,  diphtheria  or 
influenza,  tonsilitis,  whooping  cough,  mumps,  scabies  or 
trachoma,  shall  be  sent  home  immediately,  or  as  soon  as 
safe  and  proper  conveyance  can  be  found;  and  the  board 
of  health  shall  at  once  be  notified. 

Section  57.  The  committee  shall  cause  every  child 
in  the  public  schools  to  be  separately  and  carefully  tested 
and  examined  at  least  once  in  ever}'  school  year  to  ascer- 
tain defects  in  sight  or  hearing,  and  other  physical  defects 
tending  to  prevent  his  receiving  the  full  benefit  of  his 
school  work,  or  requiring  a  modification  of  the  same  in 
order  to  prevent  injury  to  the  child  or  to  secure  the  best 
educational  results,  and  shall  require  a  physical  record  of 
each  child  to  be  kept  in  such  form  as  the  department 
may  prescribe.  The  tests  of  sight  and  hearing  shall  be 
made  by  the  teachers,  directions  for  which  shall  be  pre- 
scribed by  the  department  of  public  health. 

Section  58.  The  department,  after  consultation  with 
the  department  of  public  health,  shall  prescribe  and  fur- 
nish to  school  committees  suitable  rules  of  instruction,  test 


Chap.  71.]  PUBLIC  SCHOOLS.  45 

cards,   blanks,   record   books  and   other  useful  appHances  loos.  iso. 
for  accomplishing  the  purposes  of  the  five  preceding  sec-  ^^^^'  ^^°'  *  ^^' 
tions,  and  may  annually  expend  therefor  a  sum  not  ex- 
ceeding eight  hundred  dollars,  and  shall  provide  for  pupils 
in  the  normal  schools  instruction  and  practice  in  the  best 
methods  of  testing  the  sight  and  hearing  of  children. 

Superintejident  of  Schools. 

Section  59.     The  school  committee  of  a  town  not  in  a  Superintendent 
superintendency  union  or  district  shall  employ  a  superin-  EilctiCn  and 
tendent  of  schools  and  fix  his  compensation.     A  superin-  ism^^sh. 
tendent  employed  under  this  section  or  section  sixty  or  (f '^l' ||^b  35 
sixty-three  shall  be  the  executive  officer  of  the  committee,  \f^'^'  i^'i. 
and  under  its  general  direction,  shall  have  the  care  and  is^s!  los! 

•     •  1 S74    272 

supervision  of  the  public  schools,  shall  assist  it  in  keeping  p.  s.'44,  §  43. 
its  records  and  accounts  and  in  making  such  reports  as  lilt',  tm,  §  s! 
are  required  by  law,  and  shall  recommend  to  the  com-  r'l:42^§4o: 
mittee  teachers,  textbooks,  and  courses  of  study.  in  Vatt'  87 

138  Mass.  149.  2  Op.  A.  G.  68. 

Section  60.     Two  or  more  towns  may,  by  vote  of  each,  District  super- 

P  i*j^'j_i?j^i  p  !•  •         intendent. 

lorm  a  district  tor  the  purpose  or  employing  a  superin-  i87o,  i83, 
tendent  of  public  schools  therein,  who  shall  annually  be  p.th. 
appointed  by  a  joint  committee  composed  of  the  chair-  r.  ^'41^' 
man  and  secretary  of  the  school  committee  of  each  of  the  11^'^]^  ^J 
said  towns.     The  committee  shall  determine  the  relative  (i^i^^  ^9. 
amount  of  service  to  be  performed  by  him  in  each  town, 
fix  his  salary,  apportion  the  amount  thereof  to  be  paid 
by  each  town  and  certify  the  same  to  each  town  treasurer. 

Section  61.     The   school   committees   of  two   or   more  Union  of 
towns,  each  having  a  valuation  less  than  two  million  five  employment 
hundred  thousand  dollars,  and  having  an  aggregate  maxi-  tenderft'"' 
mum  of  fifty,  and  an  aggregate  minimum  of  twenty-five,  §§*f;2.^^' 
schools,  and  the  committees  of  four  or  more  such  towns,  §j^f;|*^"' 
having  said  maximum  but  irrespective  of  said  minimum,  Jf^f-.^'^^^' 
shall    form    a   union    for   employing   a    superintendent   of  isoo,  248,  §  2. 
schools.     A  town  whose  valuation  exceeds  said  amount,  §§43,47. 
may  participate  in  such  a  union  but  otherwise  subject  to  1912!  114! 
this  section.     Such  a  union  shall  not  be  dissolved  except  2  op!  a!  g!  78,'" 
by  vote  of  the  school  committees  representing  a  majority  ^^^^p^q  323 
of  the  participating  towns  with  the  consent  of  the  depart-  (^^^j^-j^- 
ment,  nor  by  reason  of  any  change  in  valuation  or  the 
number  of  schools. 

Section  62.     The   department   may   form    or   readjust  feadjustment 
such  unions  whenever  it  becomes  necessary  to  include  one  of  unions  by 

"-  department. 

1903,  299. 


46  LAWS  RELATING  TO  EDUCATION.      [Chap.  7L 

or  more  towns  otherwise  unable  to  comply  with  the  pre- 
ceding section,  and  in  so  doing  may  disregard  the  mini- 
mum number  of  schools  prescribed  therein,  but  no  such 
readjustment  shall  deprive  a  town  of  its  right  to  aid  under 
section  sixty-five. 
Joint  com-  Section  63.     The    school    committees    of    such    towns 

Organization      shall,  for  the  purposes  of  the  union,  be  a  joint  committee 
!888'?43r§  2.    and   shall  be  the  agent  of  each  participating  town,  pro- 
ifgi;  46°:  §  I:    vided  that  any  school  committee  of  more  than  three  mem- 
fgL'4|/§44.    |^pj.g  yj^j^ii  |3g  represented  therein  by  its  chairman  and  two 
i7o\iast'289    ^f  its  mcmbcrs  chosen  by  it.     The  joint  committee  shall 
176  Mass!  473.    annually,  in  April,  meet  at  a  day  and  place  agreed  upon 
Op.  a.'g^' ^*^^'  by  the  chairmen  of  the  constituent  committees,  and  shall 
(1919)  59, 116.    j^j.gg^j^-2g  by  choosing  a  chairman  and  a  secretary.     It  shall 
employ  for  a  three  year  term,  a  superintendent  of  schools, 
determine  the  relative  amount  of  service  to  be  rendered 
by  him  in  each  town,  fix  his  salary,  which  shall  not  be  re- 
duced during  his  term,  apportion  the  payment  thereof  in 
accordance  with  section  sixty-five  among  the  several  towns 
and  certify  the  respective  shares  to  the  several  town  treas- 
urers.    He  may  be  removed,  with  the  consent  of  the  de- 
partment, by  a  two  thirds  vote  of  the  full  membership  of 
the  joint  committee. 
Salary  of  union      SECTION  64.     The  salary  of  the  superintendent  in  such 

superintendent.  111  •  1      1     • 

1888,431,  §3.    a  union  shall  be  not  less  than  the  amounts  provided  in 
1898, 466,' §  3;    the  following  schedule:    Twenty-two  hundred  dollars  for 
i9i8;to9,S^i:    the  first  year  of  service,  twenty-three  hundred  dollars  for 
1920, 371.         ^YiQ  second  year,  twenty-four  hundred  dollars  for  the  third 
year,  twenty-five  hundred  dollars  for  the  fourth  year.     If 
his  salary  is  not  in  excess  of  twenty-nine  hundred  dollars, 
the  union  shall,  and  otherwise  may,  reimburse  him  for  his 
actual  traveling  expenses  incurred  in  the  discharge  of  his 
duties,   but  such  reimbursement  may  be  limited   by  the 
committee  to  four  hundred  dollars  a  year. 
stateaid  SECTION  65.     Whcu  the  chairman  and  secretary  of  the 

m^s!  4.31;  §  3.  joint  committee  certify  to  the  state  auditor,  on  oath,  that 
1898,466;^^'  the  towns  unitedly  have  employed  a  superintendent  of 
R.L.4'2^  schools  for  the  year  ending  on  June  thirtieth,  and  have 

i!i8^'io9.^^  complied  with  section  sixty-three,  a  warrant  shall,  upon 
1920',  371.  ^Yie  approval  of  the  department,  be  drawn  upon  the  state 
treasurer  for  the  payment  of  two  thirds  of  the  sum  of  the 
following  amounts:  (1)  the  amount  paid  to  the  superin- 
tendent as  salary  not  including  any  such  amount  in  excess 
of  twenty-five  hundred  dollars,  and  (2)  the  amount  reim- 


Chap.  71.]  PUBLIC   SCHOOLS.  47 

biirsed  to  the  superintendent  for  traveUng  expenses  not 
inchiding  any  such  amount  in  excess  of  four  hundred  dol- 
lars. The  amount  stated  in  the  warrant  shall  be  appor- 
tioned and  distributed  among  the  towns  forming  the 
union  in  proportion  to  the  amounts  expended  by  them  for 
the  salary  and  traveling  expenses  of  the  superintendent; 
provided,  that  the  amount  apportioned  to  any  town  whose 
valuation  then  exceeds  three  million  five  hundred  thou- 
sand or  to  any  town  whose  valuation  exceeded  two  million 
five  hundred  thousand  at  the  time  of  its  entry  into  a 
union,  shall  be  retained  by  the  commonwealth. 

Section  66.     The    department    shall    not    approve    the  Qualifications 
claim  to  reimbursement  under  the  preceding  section  unless  tendj'nts''?n 
the  superintendent,  for  the  entire  period  of  whose  service  state  aided 
such  reimbursement  is  claimed,   held  a   certificate  of  the  ^904,2i5. 
department  certifying  to  his  qualifications  as  determined 
by  examination  or  otherwise. 

Section  67.     A  superintendent  of  schools  who  accepts  Superintend- 

P  ,  •  1       i>  1  •      1    ents  forbidden 

any  commission,  tee,  compensation,  or  reward  of  any  kind  to  receive  pay 
for  obtaining  for  any  person  a  position  as  teacher  in  the  p^i'th^ns"'"^ 
public  schools  shall  be  punished  by  a  fine  of  not  less  than  §§3^4"^^' 
fifty  nor  more  than  five  hundred  dollars. 

SCHOOLHOUSES. 

Section  68.     Every  town  shall  provide  and  maintain  a  Towns  to 
sufficient  number  of  schoolhouses,  properly  furnished  and  schooihouses. 
conveniently  situated  for  the  accommodation  of  all  chil-  1829!  iie!    ^  ' 
dren  therein  entitled  to  attend  the  public  schools.     If  the  fsol.llbf^^" 
distance  between  a  child's  residence  and  the  school  he  is  ^  |'  |g 
entitled  to  attend  exceeds  two  miles,  and  the  school  com-  f|  •^.''•.'*o- 

,       ,.  P  •    1  •  11  1S71,  145. 

mittee  declines  to  furnish  transportation,  the  department,  p.  s.  44, 
upon  appeal  of  the  parent  or  guardian  of  the  child,  may  r.  l.'42,'§49. 
require  the  town  to  furnish  the  same  for  a  part  or  for  all  1920,787 
of  the  distance.     If  said  distance  exceeds  three  miles,  and  Itl  llllt  li^' 
the  distance  between  the  child's  residence  and  a  school  in  op^^  g*^^°' 
an  adjoining  town  giving  substantially  equivalent  instruc-  (i920)27. 
tion  is  less  than  three  miles,  and  the  school  committee  de-  Penalty,  §  34. 
clines  to   pay  for  tuition  in  such   nearer  school,   and  for 
transportation   in   case   the  distance  thereto  exceeds   two 
miles,  the  department,  upon  like  appeal,  may  require  the 
town  of  residence  to  pay  for  tuition  in,  and  if  necessary 
provide  for  transportation  for  a  part  or  for  the  whole  of 
said   distance   to,   such   nearer   school.     The   school   com- 
mittee, unless  the  town  otherwise  directs,  shall  have  gen- 


48 


LAWS  RELATING  TO  EDUCATION.     [Chap.  7L 


Flags,  pro- 
vision for, 
and  display. 
R.  L.  42,  §  50. 
1909,  229. 
1911,232. 
1919,  84. 


Situation  of 
schoolhouses. 
1826,  143,  §  10 
1829,  116. 
R.  S.  23, 
§§  28,  32. 


Public  use 
of  school 
property. 

1911,  367,  §  1. 

1912,  157;  320, 
§§1,2. 

1913,  391. 

1914,  538. 
234  Mass.  31. 


eral  charge  and  superintendence  of  the  schoolhouses,  shall 
keep  them  in  good  order,  and  shall,  at  the  expense  of  the 
town,  procure  a  suitable  place  for  the  schools,  if  there  is 
no  schoolhouse,  and  provide  fuel  and  all  other  things 
necessary  for  the  comfort  of  the  pupils. 

Section  69.  The  school  committee  shall  provide  for 
each  schoolhouse  under  its  control,  which  is  not  otherwise 
supplied,  a  United  States  flag  of  silk  or  bunting  not  less 
than  four  feet  long,  and  suitable  apparatus  for  its  display. 
The  flag  shall  be  displayed,  weather  permitting,  on  the 
school  building  or  grounds  on  every  school  day  and  on 
every  legal  holiday  or  day  proclaimed  by  the  governor  or 
the  president  of  the  United  States  for  especial  observance. 
On  stormy  school  days,  the  flag  shall  be  displayed  inside 
the  building.  Failure  to  comply  with  this  section  for  a 
period  of  five  consecutive  days  by  the  principal  or  teacher 
in  charge  of  a  school  equipped  as  aforesaid  shall  be 
punished  for  every  such  period  by  a  fine  of  not  more  than 
five  dollars.  Failure  of  the  committee  to  equip  a  school 
as  herein  provided  shall  subject  the  members  thereof  to  a 
like  penalty. 

Section  70.  {As  amended  by  chayter  486,  Acts  of  1921.) 
A  town  may,  at  a  town  meeting,  determine  the  situation 
of  its  schoolhouses. 


Sale  of 
lunches  to 
pupils  and 
teachers. 
1913,  575,  §  1. 
1919,  292, 
§§  10,21. 

Closing  of 
school  for 
teachers' 
meetings. 
1919,  292,  §  11 


1848,  237. 
1859,  252,  §  4. 
G.  S.  38,  §  37. 
P.  S.  44,  §  47. 


R.  L.  42,  §  51. 
1921,  486,  §  18. 
10  Gray,  40. 


109  Mass.  206. 
117  Mass.  384,  393. 
137  Mass.  235. 


Section  7L  For  the  purpose  of  promoting  the  useful- 
ness of  public  school  property  the  school  committee  of  any 
town  may  conduct  such  educational  and  recreational 
activities  in  or  upon  school  property  under  its  control, 
and,  subject  to  such  regulations  as  it  may  establish,  and, 
consistently  and  without  interference  with  the  use  of  the 
premises  for  school  purposes,  shall  allow  the  use  thereof 
by  individuals  and  associations  for  such  educational, 
recreational,  social,  civic,  philanthropic  and  like  purposes 
as  it  deems  for  the  interest  of  the  community.  This  sec- 
tion shall  not  apply  to  Boston. 

Section  72.  The  school  committee  may  prepare  and 
sell  lunches  at  one  or  more  school  buildings  for  the  pupils 
and  teachers  of  the  public  schools  at  such  prices  as  it 
deems  reasonable. 

Section  73.  The  superintendent  of  schools  may,  unless 
the  committee  votes  otherwise,  direct  the  closing  of  schools 
under  his  supervision  in  order  that  teachers  may  attend  a 


Chap.  72.]      SCHOOL  REGISTERS  AND  RETURNS.  49 

meeting  of  a  county  association  of  teachers  or  an  institute, 
conference,  or  convention  held  under  the  direction  of  the 
department. 

Section  74.     This  chapter  shall  not  affect  the  right  of  ^^^""^  f^^ids 

,,.,,.  "  of  corporations 

any   corporation   established   in   a   town   to   manage   any  not  affected, 
estate  or  funds  given  or  obtained  for  the  purpose  of  sup-  r.  s.'23,  §59.  ' 
porting  schools  therein,  or  in  anv  wise  affect  such  estate  pfll'lil' 

or  funds.  R.L.42,§52. 


CHAPTER    72. 

SCHOOL   REGISTERS  AND  RETURNS. 


Sect. 

1 .  Commissioner  of  education  to  forward 

forms,  etc. 

REGISTRATION    OF    MINORS. 

2.  Registration  of  minors. 

SCHOOL    RETURNS    AND    REPORTS. 

3.  Certificate  of  chairman  of  school  com- 

mittee. 


Sect. 

4.  Report  of  school  committee. 

5.  Failure    to    file    report   and   returns. 

Irregular  returns. 

6.  Forfeitures  by  towns  for  failure  to  file 

report  and  returns. 

7.  Penalty  on  committee. 

SCHOOL    REGISTERS. 

8.  School  registers. 


Section  1.     The  commissioner  of  education  shall  pre-  Commissioner 
pare  and  send  forms  for  the  registration  of  minors  required  to  for"ward°'^ 
by  section  two,  the  school  registers,  blank  forms  for  school  1837,^241°  §  2. 
returns  required  by  section  three,  and  the  annual  report  ^f^s^^ios, 
of  the  department  of  education,  as  soon  as  ready  for  dis-  J|^|'  100. 
tribution,  to  the  superintendent  of  schools  of  each  town,  1849!  65, ' 

.  .  §5  1   2'  209 

who  shall,  on  receipt  thereof,  deliver  them  to  the  several  issd,  41. 
persons  charged  with  duties  in  connection  therewith,  and  §§'3,' 7;  40, 
send  to  the  commissioner  a  list  of  the  private  schools  in  p^s.'li,  §§3, 7; 
such   town   and   the   names   of   their   principals.      If   said  igglVg'e^' 
superintendent  does  not  receive  said  forms  on  or  before  §§  ]^~^^-.  g. 
July  fifth,  he  shall  forthwith  notify  the  commissioner  who  43.  §'§  i,'2. 

.  .      .  1909  457 

shall  thereupon  transmit  them  to  him.  The  commissioner  §§  2-4, 6." 
shall  also  send  the  report  of  the  department  to  the  chair-  §§  i;2.  ' 
man  of  each  school  committee.  i9i9,  350,  §  57.  ^^i^,  ase. 

REGISTRATION    OF  MINORS. 

Section  2.     The  school  committee  of  each  town  shall  ^A^;f,fo*f" 
ascertain  and  record  the  names,  ages  and  such  other  in-  }|;*^,  223,  §  2. 
formation  as  may  be  required  by  the  department  of  educa-  isosi^is.^^ 
tion,  of  all  minors  residing  therein  between  five  and  six-  1874',  303,  §  i. 
teen,  and  over  sixteen  who  cannot  read  at  sight  and  write  p. s.'46.§§ 3, 4. 


50 


LAWS  RELATING  TO  EDUCATION.      [Chap.  72. 


1898,  496,  § 
1901,  289. 
R.  L.  43,  §  3 
1914,  443,  § 
1916,  102,  § 
1919,  350  ~ 


§  56. 


^^-  legibly  simple  sentences  in  the  English  language.  Who- 
,  ever,  in  control  of  any  such  minor,  withholds  information 
sought  by  a  school  committee  or  its  agents  under  this  sec- 
tion or  makes  a  false  statement  relative  thereto,  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars.  At- 
tendance officers,  under  the  direction  of  the  committee  and 
superintendent  of  schools,  shall  have  charge  of  the  records 
required  by  this  section,  shall  be  responsible  for  their  com- 
pleteness and  accuracy,  and  shall  receive  the  co-operation 
of  principals,  teachers  and  supervisory  officers  in  the  dis- 
charge of  their  duties  hereunder.  A  card,  as  prescribed  by 
the  department,  shall  be  kept  for  every  child  whose  name 
is  recorded  hereunder.  Attendance  officers  shall  compare 
the  names  of  children  enrolled  in  the  public  and  private 
schools  with  the  names  of  those  recorded  as  required 
herein,  and  examine  carefully  into  all  cases  where  children 
of  school  age  are  not  enrolled  in,  and  attending  school,  as 
required  by  section  one  of  chapter  seventy-six. 

The  annual  school  committee  report  shall  set  forth  the 
number  of  children  recorded  as  herein  required,  classified 
by  ages,  together  with  the  number  attending  public  or 
private  schools,  and  the  number  not  attending  school,  in 
any  given  year. 

The  supervisory  officers  of  all  private  schools  shall, 
within  thirty  days  after  the  enrolment  or  registration  of 
any  child  of  compulsory  school  age,  report  his  name,  age 
and  residence  to  the  superintendent  of  schools  of  the  town 
where  the  child  resides;  and  whenever  a  child  withdraws 
from  a  private  school,  such  officers  shall,  within  ten  days, 
notify  said  superintendent. 


Certificate  of 
chairman  of 
school  com- 
mittee. 

1826,  143,  §  8. 
R.  S.  23, 
§§  63,  64. 

1837,  227. 

1838,  105,  §  6. 
1846,  223, 
§§2,3. 

1849,  117,  §  1. 
1855,  23. 

G.  S.  40, 
§§4,5. 

1865,  142,  §  2. 
1874,  303,  §  2. 
P.  S.  46, 
§§  5,  6. 
1896,  179. 


SCHOOL    RETURNS    AND    REPORTS. 

Section  3.  The  superintendent  of  schools  shall  an- 
nually on  or  before  July  thirty-first  transmit  the  school 
returns  to  the  commissioner,  signed  and  sworn  to  by  him, 
containing  the  following  information,  together  with  any 
other  information  required  by  the  commissioner  in  accord- 
ance with  section  one  of  chapter  sixty-nine: 

First.  The  number  of  persons  between  the  ages  of 
five  and  seven,  the  number  between  seven  and  fourteen, 
and  the  number  between  fourteen  and  sixteen,  residing  in 
the  town  x\pril  first  last  preceding  the  date  of  the  certifi- 
cate. 


Chap.  72.]      SCHOOL  REGISTERS  AND  RETURNS.  51 

Second.     The   net   average   membership   of   the   pubhc  i898, 496, 
schools  of  the  town  for  the  school  year  last  preceding  the  iloo!'!?!. 
date  of  said  certificate  as  determined  under  section  eight  f§4;5.^' 
of  this  chapter  and  section  five  of  chapter  seventy.  §§^3 '4^^' 

Third.     The  amount  of  monev  raised  bv  taxation  bvjsj^',  356 

1  1  1      1       1        •  1  r-  1    '  '      1914,  443,  §  2. 

the  town,  and  expended  during  the  fiscal  year  last  pre-  1915,90. 
ceding  said  date  for  the  support  of  public  schools,  includ-  1919!  292!  §  5'; 
ing  the  wages  of  teachers,  and  transportation  of  children,  ^^^'    ^' 
or  board  in  place  thereof,  fuel,  the  care  of  fires,  school- 
rooms   and    school    premises,    repairs,    supervision,    text- 
books  and    supplies,    and    school    sundries   or   incidentals, 
but  excluding  alterations  of  school  buildings,  other  than 
repairs,   and   construction   of   schoolhouses   and   contribu- 
tions for,  and  reimbursements  on  account  of,  the  support 
of  public  schools  from  the  commonwealth  or  from  other 
sources  than  local  taxation;    and  the  total  expenditures, 
classified,   for  the  public  schools  during  the  school  year 
last  preceding  said  date. 

Fourth.  That  the  town  has  maintained  during  the 
school  year  last  preceding  the  said  date  each  of  its  schools, 
as  required  by  section  one  of  chapter  seventy-one,  for  a 
period  of  not  less  than  one  hundred  and  sixty  days,  or 
for  what  shorter  period  one  or  more  schools  have  been 
maintained,  if  specifically  exempted  by  the  department. 

Fifth.  That  the  town  has,  during  said  school  year, 
complied  with  said  chapter  seventy-one  in  the  matter  of 
high  school  instruction,  and  the  number  of  days  such 
schools  were  in  session. 

Before  filing  said  school  returns,  the  superintendent 
shall  submit  them  to  the  chairman  of  the  school  committee, 
who  shall  countersign  them  on  oath,  if,  after  examination, 
he  finds  them  correct. 

Section  4.     The  committee  shall  annually  make  a  de-  Report  of 
tailed  report  of  the  condition  of  the  public  schools,  con-  mittee.''°™ 
taining  such  statements  or  suggestions  relative  thereto  as  i846;  223!  §  4! 
it    considers    necessary    or    proper.      It    shall    cause    said  ^^^|;|q§  g 
report  to  be  printed,  for  the  use  of  the  inhabitants,  in  ^  l'*,*^^^: 
octavo,  pamphlet  form,  of  the  size  of  the  annual  reports  Ji^^^r'^'gy- 
of  the  department.     The  superintendent  of  schools  shall  101  Mass.  142. 
transmit   two   copies   thereof   to   the   commissioner   on   or 
before  April  thirtieth,  and  shall  deposit  one  copy  in  the 
office  of  the  town  clerk. 

Section  5.     If  a  superintendent  of  schools  fails,  within  Failure  to  file 

^  ,       ,        report  and  re- 

the  prescribed  time,  to  make  both  the  returns  and  the  tums.    irregu- 

^  lar  returns. 


52 


LAWS  RELATING  TO  EDUCATION.      [Chap.  72. 


1853,  93, 

§§1.2. 

G.  S.  40, 

§§  7,  8. 

P.  S.  46. 

§§  9,  10. 

1898,  496,  §  20. 

R.  L.  43, 

§§  7,  8. 

1912,  368, 

§§  6,  7. 

Forfeitures  by 
towns  for 
failure  to 
file  report 
and  returns. 
1855,  93,  §  3. 
1859,  238. 
G.  S.  40,  §  9. 
P.  S.  46,  §  11. 
1898,  496,  §  21. 
R.  L.  43,  §  9. 
1912,  368,  §  8. 


Penalty  on 
committee. 

1847,  183,  §  2. 

1848,  173. 

G.  S.  40,  §  12. 


report  required  by  law,  the  commissioner  shall  forthwith 
notify  the  chairman  of  the  school  committee  thereof,  and 
he  shall  immediately  transmit  the  same  to  him.  If  a 
return  is  found  to  be  irregular  or  incorrect,  the  commis- 
sioner shall  forthwith  return  it  for  correction,  with  a  state- 
ment of  all  deficiencies  therein,  to  the  committee  or  its 
agent,  who  shall  promptly  correct  and  return  it. 

Section  6.  A  town  whose  report  and  returns  do  not 
reach  the  office  of  the  commissioner  on  or  before  August 
fifteenth  shall  forfeit  ten  per  cent  of  the  sum  to  which  it 
would  otherwise  be  entitled  under  Part  II  of  chapter  sev- 
enty; if  they  do  not  reach  said  office  before  September 
first,  the  entire  sum  shall  be  retained  by  the  state  treas- 
urer and  added  to  the  principal  of  the  school  fund,  or  if 
the  town  is  not  entitled  to  any  payment  under  said  chap- 
ter, it  shall  forfeit  to  said  fund  two  hundred  dollars.  For 
cause,  the  commissioner  may  grant  an  extension  of  time  to 
any  town. 

Section  7.  A  town  suffering  such  a  forfeiture  through 
the  default  of  its  school  committee  may  withhold  the 
compensation  of  the  committee. 

p.  S.  40,  §  14.  R.  L.  43,  §  10. 


School 

registers. 

1838,  105, 

1849,  209. 

G.  S.  40.  § 

13. 

p.  S.  46,  § 

15. 

1891,  99. 

1898,  496, 

§§  18,  19. 

R.  L.  43,  § 

11. 

1912.  368, 

§§4,9. 

2  Allen,  59 


SCHOOL    REGISTERS. 

Section  8.  The  school  committee  shall  cause  school 
§  6.  teachers  to  faithfully  keep  the  registers  of  attendance 
§  5,  daily,  and  make  due  return  thereof  to  the  school  com- 
§  6,  mittee  or  to  such  person  as  it  may  designate.  No  teacher 
shall  receive  payment  for  the  two  weeks  preceding  the 
close  of  any  term  until  the  register,  properly  filled  up  and 
completed,  is  so  returned.  All  registers  shall  be  kept  at 
the  schools,  and  at  all  times  during  school  hours  shall  be 
open  to  the  inspection  of  the  committee,  the  superintend- 
ent, the  attendance  officers,  and  the  commissioner  and 
agents  of  the  department.  In  computing  the  average 
membership  a  pupil's  name  shall  be  omitted  w^hen  and 
only  when  it  is  known  that  he  has  withdrawn  from  the 
school  without  intention  of  returning,  or  has  been  absent 
ten  consecutive  school  days;  but  the  foregoing  method 
of  computation  shall  not  affect  proceedings  against  habit- 
ual truants,  absentees  or  school  offenders,  or  other  persons, 
under  section  one  of  chapter  seventy-six  or  under  sections 
three,  four  and  five  of  chapter  seventy-seven.  A  pupil 
who  is  not  present  during  at  least  half  of  a  session  shall 
be  marked  and  counted  as  absent  for  that  session. 


Chap.  73.]        STATE   NORMAL  SCHOOLS. 


53 


CHAPTER    73. 


STATE   NORMAL  SCHOOLS. 


Sect. 

Sect. 

1.  Management  of  schools. 

4.  Bonds  of  principals  of  schools 

2.  Agricultural     education     at     North 

5.  Aid  to  students  at  schools. 

Adams  school. 

6.  Non-resident    students    may 

3.  Agreements  as  to  practice  and  model 

ceived  in  schools. 

schools. 

7.  Degree  in  education. 

be    re- 


Section  1.  The  department  of  education,  in  this  Management 
chapter  called  the  department,  shall  have  general  manage-  ?839,^72,'''§  i. 
ment  of  the  state  normal  schools  at  Barnstable,  Bridge-  \l^l'  f^^  |^j 
water,  Fitchburg,  Framingham,  Lowell,  North  Adams,  i|7i.  Re|.  Vs. 
Salem,    Westfield    and    Worcester,    and    the    Normal    Art  P- s.'4i,  §  12. 

1SS5   "^"^O   S  1 

School  at  Boston,  wherever  said  schools  may  be  hereafter  isso',  Res'.  93.' 
located,  and  of  anj^  other  state  normal  schools  hereafter  1893;  Ret'.  9l 
established,  and  of  boarding  houses  connected  therewith,  1|95;|45;  §  1. 
and  may  direct  the  expenditure  of  money  appropriated  for  f^^-^  2^;  ^  10. 
their  maintenance.  1919, 350,  §§  56-58.  i9i4. 781. 

Section  2.     The    department    may    provide    for    agri-  Agricultural 
cultural  education   in  the   state  normal  school  at  North  NoTth  Adams 
Adams.  loos.  2.57,  §  1.  "'^°°^- 

Section  3.     North  Adams,  Fitchburg,  Lowell  and  the  Agreements 
town  of  Barnstable  shall  each  make  written  agreements  and  model 
with   the   department   to   provide   suitable   and   sufficient  1394? 457, 
school  buildings  and  model  and  practice  schools  in  connec-  i896'/i33. 
tion  with  the  training  departments  of  state  normal  schools  fgis;!!^^  ^^' 
therein.    The  department  may,  if  requested  by  towns  near  l^i^^a^ 
state  normal  schools,  make  written  agreements  with  such  1920!  2. 
towns  for  the  maintenance  of  practice  schools  therein  in 
connection  with  such  state  normal  schools,  and  may  pro- 
vide  for   the    payment   of   part    of   the   compensation   of 
supervising   teachers   employed   in   such   practice   schools. 
This    section    shall    not    prevent    the    establishment    and 
maintenance  of  model,  practice,  or  training  schools  in  con- 
nection with  state  normal  schools,  with  or  without  the  co- 
operation of  local  school  authorities.     All  money  payable 
by  towns  under  such  agreements  shall  be  paid  to  the  com- 
monwealth. 

Section  4.     (^1^  amended  by  chapter  48G,  Acts  of^  1921?)  Sonds^of^^^ 
Principals  of  state  normal  schools  shall  give  bonds  in  such  ^^^^f^-^ 
penal  sums  as  the  state  auditor  may  prescribe,  conditioned  1917;  is^ 
on  the  faithful  performance  of  their  duties. 


54 


LAWS  RELATING  TO  EDUCATION.      [Chap.  74. 


atlcifoob"'^''"*^  Section  5.  The  department  may  annually  expend,  in 
1876*  Res'  47'  semi-annual  payments,  not  more  than  four  thousand  dol- 
1918,257,         lars  in  aidino;  students  in  state  normal  schools. 

S  lo9.  ■- 

1919,  5.  1920,  2. 

^udenti  may  Section  6.  Upou  payment  of  tuition  fees  the  depart- 
be  received        meut  may  reccivc  students  not  residents  of  the  common- 

in  schools.  1    1      •  111 

1902,  Res.  65.     Wealth  lu  State  normal  schools. 

?dS(!C  Section  7.     (As    enacted   by  chapter   92,  Acts   of   1921) 

1921, 92.  The    department    may  grant    the    degree    of    Bachelor   of 

Education  to   any  person    completing  a  four-year  course 

in  a  Massachusetts  state  normal  school. 

Reference. 
Todd  normal  school  fund,  Chap.  70,  §  18. 


CHAPTER    74 


VOCATIONAL  EDUCATION. 


Sect. 


VOCATIONAL    SCHOOLS. 


1.  Definitions. 

2.  Power.?  of  commissioner. 

3.  Establishment  by  town.     Election  of 

trustees. 

District  vocational  schools. 

Organization,  administration  and  sup- 
port of  district  vocational  schools. 

Advisory  committees. 

7.  Admission  of  non-resident  pupils. 

8.  Liability  for  tuition  of  non-resident 
pupil. 

9.  Reimbursement    for    maintenance   of 
certain  schools. 

Reimbursement  for  tuition  fees. 
Reimbursement    of    certain    counties 

and  cities. 
Reimbursement    for    maintenance    of 

agricultural    departments    in    high 

schools. 
13.  Day,  part  time  and  evening  classes. 
Practical  art  classes. 
Schools  for  gardening,  poultry  raising, 

etc. 
Advertisement  of  purpose  of  school. 
Taking  or  leasing  of  land  for  schools. 
Classes  for  teachers  in  continuation  or 

vocational  schools. 
Co-operation  with  federal  vocational 

educational  board. 

20.  State  treasurer  to  be  custodian. 

21.  Disposal  of  federal  funds. 


10. 
11. 

12. 


14. 
15. 

16. 
17. 
18. 

19. 


Sect. 

22.  Powers  of  commissioner  in  disposal  of 

federal  funds. 
22A.  Vocational  rehabilitation. 

23.  Independent    Industrial    Shoemaking 

School  of  the  City  of  Lynn.     Trus- 
tees.    Maintenance. 

24.  Smith's  Agricultural  School.     Super- 

intendents. 


county  agricultural  schools. 

Certain  county  agricultural  schools  to 
be  approved  vocational  schools. 

Appointment  of  trustees.     Tenure. 

Trustees  to  serve  without  compensa- 
tion.    Expenses  to  be  paid. 

Estimates  of  expense  of  maintenance 
to  be  made  by  trustees. 

Amounts  to  be  raised  by  taxation. 
Payment  to  trustees  on  requisi- 
tion. 

Disposition  of  income  from  tuition, 
etc. 

31.  Power  to  receive  gifts. 

32.  Non-residents  to  be  admitted. 
Free  tuition  to  residents  of  county. 
Special     provisions     as     to     Bristol 

County  Agricultural  School. 
Character  of  instruction. 
Short  unit  courses. 

37.  Special  duties  of  teachers. 

38.  Half  fare  on  street  railways  for  stu- 

dents. 


25. 

26. 
27. 

28. 

29. 


30. 


33. 
34. 

35. 
36. 


Chap.  74.]      VOCATIONAL  EDUCATION. 


55 


Sect. 

training  and  instruction  of  disabled 
soldiers  and  sailors. 

39.  Training,  etc.,  of  di.'iabled  soldiers  and 

sailors. 

40.  Governor   may   transfer   facilities    to 

the  department  of  education. 

41.  Lease   of   hospitals,    etc.,    to    United 

States. 

TEXTILE    SCHOOLS. 

42.  Certain  textile  schools  to  be  state  in- 

stitutions. 

43.  Trustees  may  hold  property  in  trust. 

44.  Annual  report. 

45.  Trustees    may    insure   buildings    and 

contents. 


Sect. 

46.  Rate     of     tuition     for     non-resident 

pupils. 
46A.   Textile  schools  may   make    certain 
tests. 

47.  What    degrees    may    be    granted    at 

Lowell  Textile  School. 

48.  City  of  Lowell  may  provide  scholar- 

ship. 

•  nautical  school. 

49.  Commissioners  to  provide  and  main- 

tain a  nautical  school. 
.50.  Commis.sioners    may    receive    ves.sels 

from  the  United  States. 
5L  Advance  to  nautical  school  for  cruises. 

52.  Towns  may  maintain  nautical  schools. 

53.  Annual  report. 


VOCATIONAL    SCHOOLS. 

Section  1.     The  following  words,  as  used  in  this  chap-  Definitions. 
ter,  shall  have  the  following  meanings  unless  the  context  §§i,'8, 9.' 

,1  •  •  1912,  106. 

otherwise  requires:  1915,266. 

"Agricultural   education",   vocational   education   fitting  ^^g^^' ^p- ^^^• 
pupils  for  occupations  connected  with  agriculture,  the  care  §§\^4\^|' 
of  domestic  animals,  forestry  and  other  wage  earning  or 
productive  work  on  farm  land. 

"Approved",  approved  by  the  commissioner  of  educa- 
tion as  to  organization,  control,  location,  equipment, 
courses  of  study,  qualifications  of  teachers,  methods  of  in- 
struction, conditions  of  admission,  employment  of  pupils 
and  expenditures. 

"Commissioner",  the  commissioner  of  education. 

"Evening  class",  in  an  industrial  school,  a  class  giving 
instruction  for  pupils  employed  during  the  working  day, 
and  which,  to  be  called  vocational,  must  deal  with  and 
relate  to  the  day  employment,  subject,  however,  to  sec- 
tion one  of  chapter  two  hundred  and  six  of  the  General 
Acts  of  nineteen  hundred  and  eighteen. 

"Household  arts  education",  vocational  education  fitting 
pupils  for  occupations  connected  with  the  household. 

"Independent  agricultural  school",  either  a  distinctive 
organization  of  courses,  pupils  and  teachers  designed  for 
agricultural  education,  or  a  separate  agricultural  depart- 
ment in  a  high  school,  offering  as  elective  work  education 
in  agriculture  approved  as  vocational. 

"Independent  household  arts  school",  a  vocational 
school  for  developing  capacity  for  cooking,  housework  and 
other  domestic  occupations. 


56 


LAWS  RELATING  TO  EDUCATION.      [Chap.  74. 


Powers  of 
commissioner. 
1906,  505,  §  2. 
1911,471, 
§§2,11. 


Establishment 
by  town. 
Election  of 
trustees. 
1872,  86. 
P.  S.  44,  §  8. 
R.  L.  42,  §  10. 
1906,  505, 
§§  3,  8. 


District 
vocational 
schools. 
1906,  505, 
1911,471, 
§§  o,  11. 


§4. 


"Independent  industrial,  agricultural  or  household  arts 
school",  an  approved  distinctive  organization  of  courses, 
pupils  and  teachers  for  all  the  types  of  vocational  educa- 
tion herein  defined. 

"Industrial  education",  vocational  education  fitting 
pupils  for  trades,  crafts,  and  manufacturing  pursuits,  in- 
cluding occupations  of  girls  and  women  in  workshops. 

"Net  maintenance  sum",  the  total  sum  raised  by  taxa- 
tion and  expended  for  maintaining  approved  local  or  dis- 
trict independent  industrial  and  household  arts  schools  and 
independent  agricultural  schools,  other  than  departments 
in  high  schools,  less  the  amount  of  tuition  claims,  paid  or 
not,  and  receipts  from  the  labor  of  pupils  and  sale  of 
products;  provided,  that  in  the  case  of  Smith's  Agri- 
cultural School  there  shall  be  added  to  the  sum  raised  by 
local  taxation  the  sum  annually  received  by  the  city  of 
Northampton  from  the  Smith  charities  and  expended  for 
the  maintenance  of  the  school. 

"Part  time  class",  a  vocational  class  in  an  industrial, 
agricultural,  or  household  arts  school  for  pupils  giving 
part  of  their  w^orking  time  to  profitable  employment,  and 
part  to  the  class  when  in  session,  if  the  instruction  so  re- 
ceived is  complementary  to  the  employment. 

"Practical  art  class",  a  separate  day  or  a  separate 
evening  class  in  household  and  other  practical  arts. 

"Vocational  education",  education  of  which  the  primary 
purpose  is  to  fit  pupils  for  profitable  employment. 

Section  2.  The  commissioner  shall  investigate  and 
promote  industrial,  agricultural  and  household  arts  educa- 
tion, and  initiate  and  superintend  the  establishment  and 
maintenance  of  schools  for  the  aforesaid  forms  of  educa- 
tion. He  shall  supervise  and  approve  such  schools  as  pro- 
vided in  sections  one  to  thirty-seven,  inclusive. 

Section  3.  Towns  may,  through  school  committees  or 
boards  of  trustees  elected  for  not  more  than  five  years, 
and  known  as  local  trustees  for  vocational  education, 
establish  and  maintain  independent  industrial,  agricultural 
and  household  arts  schools. 

1908,  572,  §3.  1911,471,  §§4,  11. 

Section  4.  Independent  industrial,  agricultural  and 
household  arts  schools  may  be  established  and  maintained 
by  districts  composed  of  two  or  more  towns,  through 
boards  to  be  known  as  district  trustees  for  vocational  edu- 
cation, consisting  either  of  the  chairman  and  two  other 


Chap.  74.]       VOCATIONAL  EDUCATION.  57 

members  of  the  school  committees  of  each  town,  to  be  ap- 
pointed by  such  committees,  or  of  three  residents  of  each, 
to  be  elected  by  the  towns. 

Section  5.     District  trustees  under  the  preceding  sec-  organization. 
tion  shall  adopt,  for  one  year  or  more,  plans  of  organiza-  aKSon  o" 
tion,  administration  and  support  of  such  schools,  which  ti^nafLhoob 
shall  be  binding  on  the  towns  made  parties  thereto,  and  i9ii.47i°§  5'. 
shall  not  be  altered  or  annulled  except  by  two  thirds  votes 
of  such  trustees,  with  the  consent  of  the  commissioner. 

Section  6.  Local  and  district  trustees  for  vocational  ^o1iTm?tTees 
education,  administering  approved  industrial,  agricultural  i^ii-^^i.  §6. 
or  household  arts  schools,  shall,  under  a  scheme  approved 
by  the  commissioner,  appoint  advisory  committees  com- 
posed of  representatives  of  local  trades,  industries  and 
occupations,  which  shall  consult  with  and  advise  the 
trustees  or  other  officials  managing  and  supervising  such 
schools. 

Section  7.     Residents  of  towns  in  the  commonwealth  Admission  of 
not   maintaining   approved    independent   industrial,    agri-  pupils.'*'  ^^ 
cultural   or   household   arts   schools   offering   the  type   of  1911:  In.  ^  *' 
education  desired,  or  children  placed  in  such  a  town  by  1919/291(3). 
the  commissioner  of  public  welfare  or  by  the  trustees  of  ■*  °p'  ^-  ^-  ^^^■ 
the  Massachusetts  training  schools,  may,  in  the  sole  dis- 
cretion of  the  commissioner,  be  admitted  to  a  school  in 
another  town.     In  making  his  decision,  the  commissioner 
shall   take   into   consideration   the   opportunities   for  free 
vocational  training  where  the  applicant  resides,  the  finan- 
cial status  of  such  place,  the  age,  sex,  preparation,  aptitude 
and  previous  record  of  the  applicant,  and  other  relevant 
circumstances. 

Section  8.     A  town  where  a  person  resides  who  is  ad-  Liability  for 
mitted  to  the  school  of  another  town  under  the  preceding  non-?esident 
section  shall  pay  a  tuition  fee  to  be  fixed  by  the  commis-  igos!  572,  §  4. 
sioner,  and  in  default  of  payment  shall  be  liable  therefor  H^l'ti^' 
in  contract  to  such  other  town.  i^il-  ^S''-  §  5. 

Section  9.     The  commonwealth  shall  annually  pay  one  Reimburse- 
half  the  net  maintenance  sum  to  towns  maintaining  ap-  [!^nancror^'"" 
proved  local  or  district  independent  industrial,  agricultural  Jloe.'so!?,'^!']!^' 
or  household  arts  schools,  except  agricultural  departments  J^og.  540.  ^  ^ 
in  high  schools.  ci.  1,'  §  11. 

Section  10.     The   commonwealth   shall   pay   to   towns  Reiipburse- 
paying  claims  for  tuition  under  section  eight,  one  half  the  tu?t"ionTees. 
sums  expended,  except  that  the  whole  amount  expended  §^9/^3^' 
shall  be  so  paid  to  towns  paying  such  tuition  fees  for  chil-  §^5 Vl"' 

1919.  291  (ff). 


58 


LAWS  RELATING  TO  EDUCATION.      [Chap.  74. 


Reimburse- 
ment of 
certain 
counties 
and  cities. 
1912,  56G,  §  3; 
587,  §§  3,  4. 

1914,  719,  §  1. 

1915,  189,  §  8. 


Reimburse- 
ment for  main- 
tenance of 
agricultural 
departments 
in  high 
schools. 
1911,  471,  §  9, 
cl.  2. 

Day,  part  time 
and  evening 
classes. 
1911,471,  §  3. 

1917,  215,  §  5. 

1918,  206,  §  2. 

1919,  292,  §  16. 
227  Mass.  44. 


Practical  art 
classes. 
1912,  106. 
1915,  266. 
1917,  215,  §  5. 


Schools  for 
gardening, 
poultry 
raising,  etc. 
1916.  185,  §  1. 

1918,  257, 
§  183. 

1919,  5. 

1920,  2. 


Advertisement 
of  purpose 
of  school. 
1916,  185,  §  2. 


Taking  or 
leasing  of  land 
for  schools. 
1916,  185,  §  3. 


dren  placed  therein  by  the  commissioner  of  public  welfare 
or  the  trustees  of  the  Massachusetts  training  schools. 

Section  IL  The  counties  of  Bristol,  Essex  and  Nor- 
folk, and  the  cities  of  Lynn  and  Northampton  shall,  so 
long  as  their  respective  schools  are  approved,  be  reim- 
bursed by  the  commonwealth  as  are  towns  under  section 
nine. 

1916,  Sp.  174,  §  5.  1917,  176,  §  1.  1918,  Sp.  151,  §  1. 

Section  12.  The  commonwealth  shall  pay  to  towns 
maintaining  approved  local  or  district  independent  agri- 
cultural schools  consisting  only  of  agricviltural  departments 
in  high  schools  two  thirds  of  the  salary  of  the  instructors 
therein.  i9i7,  6i,  §  i. 

Section  13.  Independent  industrial,  agricultural  and 
household  arts  schools  may  offer  instruction  in  day,  part 
time  and  evening  classes.  Attendance  upon  such  day  or 
part  time  classes  shall  be  restricted  to  those  over  fourteen 
years  of  age;  and  upon  such  evening  classes,  to  those  over 
sixteen  years  of  age. 

Section  14.  Towns  may,  through  school  committees  or 
trustees  for  vocational  education,  establish  and  maintain 
household  and  other  practical  art  classes.  If  day  classes 
only,  or  evening  classes  only,  are  established,  they  shall  be 
open  to  women  over  sixteen  years  of  age;  if  both  day  and 
evening  classes  are  established  the  day  classes  shall  be 
open  only  to  women  over  said  age,  and  the  evening  classes 
shall  be  open  only  to  women  over  sixteen  years  of  age  em- 
ployed during  the  day.  Such  classes  may  be  established 
and  maintained  as  approved  state  aided  practical  art 
classes  under  sections  one  to  twenty-two,  inclusive,  so  far 
as  not  inconsistent  therewith. 

Section  15.  Cities  may  establish  and  maintain  schools 
for  instructing  families  and  individuals  in  day,  part  time 
or  evening  classes  in  gardening,  fruit  growing,  floriculture, 
poultry  raising,  animal  husbandry,  and  other  branches,  of 
agriculture  and  horticulture.  The  location  and  organiza- 
tion thereof  and  the  instruction  given  therein  shall  be 
subject  to  the  approval  of  the  commissioner. 

Section  16.  Before  action  taken  under  the  preceding 
section,  school  committees  shall  circulate  a  description  of 
the  purposes  and  scope  of  the  instruction  to  be  given 
thereunder,  and  request  applications  for  such  instruction. 

Section  17.  Boards  or  officers  having  power  to  take 
land  for  school  purposes  in  cities  may  take,  by  eminent 


Chap.  74.]       VOCATIONAL  EDUCATION.  59 

domain  under  chapter  seventy-nine,  land  therein  not  al- 
ready appropriated  to  public  use,  or  lease  or  purchase  land 
either  within  or  without  the  city  limits,  for  the  purposes 
of  section  fifteen.  A  school  committee  may  erect  suitable 
buildings  on  land  so  acquired,  and  provide,  on  terms  not 
involving  loss  to  the  city,  for  the  use  of  plots  of  ground 
and  for  the  temporary  housing  of  pupils  complying  with 
its  regulations  and  not  having  access  to  other  land  suitable 
for  proper  instruction. 

Section  18.     With  the  approval  of  the  commissioner,  classes  for 
towns  or  districts  through  school  committees  or  trustees  continuat"on 
for  vocational  education,  may  establish  classes  for  training  schoX.*'°"^' 
teachers   for   continuation   schools,    or   vocational   schools  ^^^^' ^^^=^^^- 
established  under  sections  one  to  twenty-two,  inclusive, 
which  classes  shall  be  subject  to  said  sections,  so  far  as 
consistent  herewith.    The  commissioner  may  establish  and 
maintain  classes  for  training  such  teachers. 

Section  19.     The  commissioner  shall  co-operate  with  Co-operation 
the  federal  board  for  vocational  education  in  the  adminis-  vocational 
tration  of  the  act  of  congress,  approved  February  twenty-  board'°"^' 
third,  nineteen  hundred  and  seventeen,  relating  to  voca- ^®^'^' ^^^' ^  ^• 
tional  education  in  agriculture,  trades  and  industries,  and 
secure  for  the  commonwealth  the  benefits  thereof. 

Section  20.     {As  amended  by  chapter  462,  Acts  of  1921.)  sme  treasurer 
The  state  treasurer  shall  be  custodian  of  funds  allotted  to  custodian. 
the  commonwealth  from  appropriations  made  under  the  1921!  462!  §  z. 
acts  of  congress  mentioned  in  the  preceding  section  and  in 
section  six  A  of  chapter  fifteen.    The  funds  so  alloted  from 
appropriations  under  the  act  of  congress  mentioned  in  said 
section  six  A  shall  be  expended,  without  specific  appropria- 
tion, under  the  order  or  the  approval  of  the  commissioner 
and  the  advisory  board  of  education,  constituting  the  state 
board  for  vocational  education. 

Section  21.     (.4^  amended  by  chapter  462,  Acts  of  1921.)  f^Slunds. 
Subject  to  the  following  section,  the  funds  received  under  }^JJ;fm|- 
said  act  of  congress  mentioned  in  section  nineteen  shall  be 
paid  out,  on  requisition  of  the  commissioner,  as  reimburse- 
ment for  expenses  already  incurred,  to  approved  schools 
and  classes  entitled  to  receive  them  under  said  act. 

Section  22.  {As  amended  by  chapter  Jfi2,  Acts  of  1921.)  l^^;^,^,^,. 
The  commissioner  may  use  the  funds  received  under  said  [^^'^'^Pi^^^id^gf 
act  of  congress  mentioned  in  section  nineteen  as  supple-  }^i['i73:^||- 
mentary  to  state  aid  for  salaries  of  teachers  of  vocational 
subjects  in  schools  complying  therewith.    He  may  also  use 


o. 


60 


LAWS  RELATING  TO  EDUCATION.     [Chap.  74. 


Vocational 
rehabilitation. 
1921,  462,  §  6. 


Independent 
Industrial 
Shoemaking 
School  of  the 
City  of  Lynn. 
Trustees. 
Maintenance. 
1916,  Sp.  174, 
§§  2,  3,  5. 


such  funds  (1)  for  salaries  of  teachers  giving  types  of 
training  selected  by  him  as  especially  needing  stimulus; 
or,  (2)  for  courses  for  the  preparation  of  teachers  of  voca- 
tions selected  by  him;  or,  (3)  to  arrange  with  schools  and 
colleges  to  give  the  proper  types  of  training  to  teachers  of 
vocations  under  his  supervision;  or,  (4)  to  enable  local 
school  authorities  to  conduct,  under  his  supervision,  classes 
for  the  training  of  vocational  teachers.  Such  payments 
shall  be  subject  to  conditions  prescribed  by  him. 

Section  22A.  (As  enacted  by  section  6,  chapter  Jf62, 
Acts  of  1921.)  The  .state  board  for  vocational  educa- 
tion, established  by  section  six  A  of  chapter  fifteen,  is 
hereby  directed  to  co-operate  with  the  federal  board  for 
vocational  education  in  carrying  out  the  provisions  of  the 
act  of  congress  mentioned  in  said  section  six  A;  to  estab- 
lish and  maintain,  or  to  assist  in  establishing  or  maintain- 
ing, such  courses  of  vocational  training  as  it  may  deem 
advisable  and  necessary  for  the  vocational  rehabilitation 
of  persons  disabled  in  industry  or  otherwise;  to  grant 
federal  funds  in  its  control,  subject  to  conditions  prescribed 
by  it,  as  money  supplementary  to  state  aid,  in  the  main- 
tenance of  vocational  rehabilitation  courses  in  schools  or 
institutions  supported  wholly  or  in  part  by  the  common- 
wealth;.  to  establish  and  maintain  under  its  supervision 
such  courses  as  it  may  deem  advisable  for  the  preparation 
of  instructors  of  vocational  rehabilitation  courses;  to  ap- 
point such  agents  and  assistants  as  may  be  necessary  to 
administer  the  provisions  of  this  section  and  said  act  of 
congress  in  this  commonwealth;  to  fix  the  compensation 
of  such  agents  and  assistants  and  to  direct  the  disburse- 
ment and  administer  the  use  of  all  funds  provided  by  the 
federal  government  and  this  commonwealth  for  the  voca- 
tional rehabilitation  of  such  persons,  and  in  conjunction 
with  the  department  of  industrial  accidents  to  formulate  a 
plan  of  co-operation  in  accordance  with  the  provisions  of 
said  act  of  congress,  such  plan  to  become  effective  when 
approved  by  the  governor. 

Section  23.  The  Independent  Industrial  Shoemaking 
School  of  the  City  of  Lynn,  established  under  chapter  one 
hundred  and  seventy-four  of  the  Special  Acts  of  nineteen 
hundred  and  sixteen,  shall  be  maintained  by  the  city  of 
Lynn  as  a  state  aided  approved  vocational  school  under 
and  subject  to  sections  one  to  twenty-two,  inclusive;  pro- 
vided, that  the  trustees  of  said  school  shall  consist  of  the 


Chap.  74.]       VOCATIONAL  EDUCATION.  61 

mayor  of  Lynn,  ex  officio,  and  eight  appointive  members 
who  shall  be  residents  of  Lynn  and  of  whom  two  shall 
represent  the  laboring  class.  Two  appointive  members 
shall  annually  be  appointed  by  the  governor,  with  the  ad- 
vice and  consent  of  the  council,  for  terms  of  four  years 
and  until  their  successors  are  qualified.  The  trustees  shall 
serve  without  compensation,  but  shall  be  reimbursed  for 
their  necessary  expenses,  to  be  charged  and  paid  as  main- 
tenance. 

The  trustees  may  determine  the  situation  of  said  school, 
subject  to  the  approval  of  the  commissioner,  and  may  ex- 
pend annually  for  rent  of  suitable  floor  space  for  the 
school  a  sum  not  exceeding  six  thousand  dollars  until  such 
time  as  it  is  deemed  expedient  to  purchase,  construct  or 
alter  a  building  for  the  use  of  the  school.  After  the  said 
school  is  established  and  equipped  the  city  of  Lynn  shall 
annually  raise  by  taxation  such  sums  as  may  be  needed 
for  its  maintenance  and  operation. 

Section  24.     Smith's   Agricultural   School,    established  Saisfhooi. 
under  chapter  one  hundred  and  fifty-one  of  the  Special  teTcfen^s 
Acts  of  nineteen  hundred  and  eighteen,  shall  be  maintained  §|\^'|p-  ^^^• 
by  the  city  of  Northampton  as  a  state  aided  approved  1920,  u;  en. 
vocational  school  under  and  subject  to  sections  one  to 
twenty- two,  inclusive;    provided,  that  the  superintendents 
of  said   school   shall  consist   of   the  mayor  and   superin- 
tendent of  schools  of  said  city,  ex  officiis,  and  three  other 
superintendents  to  be  elected  by  said  city  annually  at  its 
city  election  by  ballot,  as  provided  in  the  will  of  Oliver 
Smith,  and  that  said  superintendents  shall  have  the  powers 
of  local  trustees  elected  under  section  three. 


COUNTY  AGRICULTURAL   SCHOOLS. 

Section  25.     The  Bristol  County  Agricultural  School,  ^^Ify 
the  Essex  Countv  Agricultural  School   and   the  Norfolk  agricultural 

/-I  *        •       1      '      1     ^  •  •  schools  to  be 

County  Agricultural  School  shall  be  maintained  as  state  approved 

•jj  I'l  1  -111  1        vocational 

aided,    approved,    independent    vocational    schools    under  schools. 

,•  XX  XX  •       1       •  u-       X    X  X-  1912,566, 

sections  one  to  twentv-two,  inclusive,  subiect  to  sections  §§1,3;  587, 
twenty-Six  to  thirty-seven,  inclusive.  1914, 719,  §  1. 

1915,  189,  §§  2,  4.  1917,  176,  §  1;  247,  §  1. 

Section  26.     There   shall   be   a   board   of  trustees   for  Appointment 

of  trustees. 

each  of  the  schools  enumerated  in  the  preceding  section.  Tenure. 

The  boards  of  trustees  for  the  Bristol  County  Agricultural  587.  '§  i. ' 

School,   the   Essex   Countv   Agricultural   School   and   the  Jg}?'  Ijt'.    ^' 

247.  §  1.  ■ 


62 


LAWS  RELATING  TO  EDUCATION.    [Chap.  74. 


Op.  A.  G. 

(1918)  18. 


Trustees  to 
serve  without 
compensation. 
Expenses  to 
be  paid. 
1912,  566,  §  1; 
587,  §  1. 

Estimates  of 
expense  of 
maintenance 
to  be  made  by 
trustees. 
1912,  566,  §  4. 

1914,  719.  §  2. 

1915,  189,  §  6. 
1917,  247, 

§§  3,  6. 


Amounts  to  be 
raised  by 
taxation. 
Payment  to 
trustees  on 
requisition. 
1912,  566,  §  4. 

1914,  544; 
719,  §  2. 

1915,  189,  §  6. 


Disposition  of 
income  from 
tuition,  etc. 
1912,  587,  §  5, 
cl.  2. 

1914,  719,  §  2. 

1915,  189,  §  7. 
1917,  176,  §  1; 
247,  §§  1,4. 


Powe 

T  to 

receii 

i^e  gifts. 

1915, 

189, 

§6. 

1917, 

247, 

§§1, 

3. 

Non- 

residents 

to  be 

admitted, 

1912, 

587, 

566, 
§5. 

§5; 

1915, 

.  189, 

§9. 

1917, 

,247, 

§  5. 

1919, 

,  292, 

§  16 

Norfolk  County  Agricultural  School  shall  each  consist  of 
the  county  commissioners,  ex  ofRciis,  and  four  residents  of 
the  county,  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  council,  for  four  years.  The  term  of 
one  appointive  trustee  in  each  county  shall  expire  each 
year. 

wSection  27.  The  trustees  provided  for  in  the  preceding 
section  shall  serve  without  compensation,  but  shall  be  re- 
imbursed for  their  necessary  expenses,  to  be  charged  and 
paid  as  maintenance.  i9i5,  i89,  §  2. 

Section  28.  Annually  on  or  before  December  fifteenth 
the  trustees  of  the  schools  mentioned  in  section  twenty- 
five  shall,  in  consultation  with  and  with  the  approval  of 
the  commissioner,  prepare  estimates  of  the  amounts  neces- 
sary to  equip  and  maintain  their  respective  schools  for 
the  ensuing  year.  The  amounts  of  such  estimates  shall 
be  included  by  the  respective  county  commissioners  in 
the  estimates  required  by  section  twenty-eight  of  chapter 
thirty-five. 

Section  29.  If  any  part  of  the  amount  estimated 
under  the  preceding  section  shall  be  authorized  as  part 
of  the  county  taxes,  the  respective  counties  shall  raise 
the  said  amounts  by  taxation,  and  the  respective  county 
treasurers  shall  pay  them  to  the  trustees  on  their  requi- 
sition, to  be  expended  by  them  as  provided  in  this  chapter. 

1917,  247,  §§  3,  6. 

Section  30.  Miscellaneous  income  of  the  Bristol 
County  Agricultural  School  and  the  Essex  County  Agri- 
cultural School,  including  the  tuition  of  non-resident  pupils 
and  receipts  from  the  sale  of  products  and  work  of  pupils, 
shall  be  paid  to  the  county  treasurer,  to  be  applied  to 
maintenance.  Such  receipts  of  the  Norfolk  County  Agri- 
cultural School  shall  be  applied  by  the  trustees  to  the 
use  aforesaid. 

Section  31.  The  Bristol  County  iVgricultural  School 
and  the  Norfolk  County  Agricultural  School  may  receive 
and  use  gifts  deemed  by  the  trustees  and  the  commis- 
sioner consistent  with  the  purposes  thereof. 

Section  32.  Any  resident  of  the  commonwealth  over 
fourteen  years  of  age  who  resides  in  any  town  outside  of 
a  county  in  which  a  county  agricultural  school  is  located 
may  be  admitted  to  such  school  on  the  conditions  pre- 
scribed in  sections  seven,  eight  and  ten. 


Chap.  74.]       VOCATIONAL  EDUCATION.  63 

Section  33.     The  Bristol  County  Agricultural  School,  Free  tuition 
the   Essex   County   Agricultural   School   and   the   Norfolk  of  county.*^ 
County  Agricultural  School  shall  be  free  to  residents  of  ll7%T'  ^ '"' 
Bristol,    Essex   and    Norfolk    counties,    respectively,    over  {glf;  Ire!  §  \\ 
fourteen  years  of  age,  except  that  in  the  Bristol  County  igloflgs^j  le 
Agricultural  School  and  the  Norfolk  County  Agricultural 
School  free  attendance  shall   be  limited   by  the  capacity 
of  the  courses  provided  for  such  schools. 

Section  34.     The  trustees  of  the  Bristol  County  Agri-  Special  pro- 
cultural  School  may,   with  the  approval  of  the  commis-  Bristol  County 
sioner,  permit  pupils  with  limited  educational  preparation  sS'^'""''^ 
to  enter  for  a  special  course  in  horticulture,  fruit  growing  Jgn;  ^47;  1 1\ 
or  dairv  farming. 

Section  35.     The  Bristol   County  Agricultural  School,  character  of 
and  the  Norfolk  County  Agricultural  School  shall  provide  isurng"!  1. 
instruction  in  agriculture  and,  at  a  time  approved  by  the  isi?!  itg!  §  i- 
commissioner,    in    household    arts   or   homemaking.      The  ^^^'  ^^  ^'  ^' 
Essex   County   Agricultural   School   may   establish,   equip 
and  maintain,  with  the  approval  of  the  commissioner,  an 
independent  household  arts  school. 

Section  36.  Short  unit  courses  may  be  given  at  the  short  unit 
Bristol  County  Agricultural  School,  the  Essex  County  i9i5!789, 
Agricultural  School  and  the  Norfolk  County  Agricultural  1917,  m, 
School,  and  elsewhere  in  the  respective  counties.  IItI'iu,  2. 

Section  37.     Members    of    the    staffs    of    the    Bristol  special  duties 
County  Agricultural   School,   the   Essex   County  Agricul-  wirisir 
tural  School  and  the  Norfolk  County  Agricultural  School  1917,  Ire. 
shall    investigate    farm    and    market    conditions    for    the  ||  \\  1;  ^^'^' 
purpose  of  advising  individuals  and   organizations  as  to 
business  methods  among  farmers,  and  satisfactory  methods 
of  marketing  farm  products,  shall  instruct  in  the  forma- 
tion of  co-operative  enterprises,  and  shall  perform  other 
work    calculated    to    promote    the    agricultural    or    rural 
development    of    the    respective    counties.      Members    of 
such  staffs  shall  keep  in  touch  with,  and  avail  themselves 
of,  agencies  in  the  commonwealth  or  elsewhere  that  will 
enable  them  to  utilize  the  latest  and  best  knowledge  and 
practice  in  the  furtherance  of  their  work. 

Section  38.     Section  one  hundred  and  eight  of  chapter  Half  fare  on 
one  hundred  and  sixty-one  shall  apply  to  students  of  the  for^^s^Jfent*^^ 
schools  named  in  section  twenty-five.  i9i5,  iso,  §  10.  Isrf  i'o.'^'  ^  ^' 


64 


LAWS  RELATING  TO  EDUCATION.      [Chap.  74. 


Training,  etc., 
of  disabled 
soldiers  and 
sailors. 

1918,  230, 
§§  1.  4 

1919,  350,  §  59. 


Governor  may 
transfer  facili- 
ties to  the  de- 
partment of 
education. 
1918,  230,  §  3. 


Lease  of 
hospitals,  etc., 
to  United 
States. 
1918,  230,  §  5. 


TRAINING   AND    INSTRUCTION    OF    DISABLED    SOLDIERS     AND 

SAILORS. 

Section  39.  For  the  purpose  of  fitting  them  for  em- 
ployment in  the  industries  of  the  commonwealth,  and  of 
making  them  self-supporting  and  independent  of  chari- 
table aid,  the  department  of  education,  acting  through  a 
division  established  under  section  seven  of  chapter  fifteen, 
may  train  and  instruct  soldiers  and  sailors  who  have  been 
or  may  become  disabled  or  diseased  in  the  war  service  of 
the  United  States  or  its  allies  during  the  world  war  and 
who  are  residents  of  the  commonwealth  at  the  time  of 
their  discharge  or  within  one  year  thereafter,  so  long  as 
they  continue  to  be  residents  of  the  commonwealth;  and 
for  these  purposes,  it  may  make  reasonable  agreements 
for  the  use  of  available  facilities,  provide  new  facilities 
where  necessary  and  employ  qualified  persons  to  teach 
or  supervise  such  soldiers  and  sailors  seeking  re-education 
or  training. 

Section  40.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  may  transfer  wholly  or  partly  to  the 
department  of  education,  for  the  use  of  said  division,  the 
use  and  custody  of  any  state  hospital,  school  or  workshop, 
including  its  equipment  and  employees,  or  any  other 
suitable  resources  of  the  commonwealth,  for  a  period  not 
exceeding  the  duration  of  the  world  war  and  two  years 
after  its  termination  as  defined  by  federal  authority. 

Section  41.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  may  lease  to,  or  permit  to  be  used  by, 
the  United  States  or  any  department,  bureau  or  agency 
thereof,  any  state  hospital,  school  or  workshop,  and  its 
premises  and  equipment,  or  any  other  suitable  resources 
belonging  to  the  commonwealth,  to  enable  the  United 
States  to  re-educate  and  rehabilitate  in  industry  any 
soldiers  and  sailors  in  the  service  of  the  United  States  or 
its  allies,  and  may  assign  to  the  United  States  or  its 
agents  any  agreement  or  contract  made  by  the  commis- 
sioner or  by  said  division  under  authority  of  the  two  pre- 
ceding sections,  on  terms  and  conditions  fully  protecting 
the  commonwealth  against  expense. 


Chap.  74.]       VOCATIONAL  EDUCATION.  65 


TEXTILE   SCHOOLS. 

Section  42.  The  New  Bedford  textile  school,  the  Certain  textile 
Bradford  Durfee  textile  school  of  Fall  River  and  the  ^tat^eln-"  ^' 
Lowell  textile  school  shall  be  maintained  by  the  common-  f895f4?5;  §  i. 
wealth  for  the  purpose  of  giving  instruction  in  the  theorv  r^^^'  ?ot'  I L 
and  practical  art  of  textile  and  kindred  branches  of  in-  ^f^V^P-  ^  ^= 
dustry.  274!  §  i." 

Section  43.  The  board  of  trustees  of  each  of  said  LTd  propTny 
schools  shall  be  a  corporation  for  the  purpose  of  taking  by  iggs'^Vs  §  1 
gift,  bequest  or  devise  any  real  or  personal  property.  i^^^!  299,'  §  i.' 

R.  L.  125,  §§  8,  20.    1917,  45.  165  Mass.  419. 

1902,  120.  1918,  246,  §  2;  248,  §  2;  274,  §  2. 

Section  44,     The  commissioner  shall  make  an  annual  f9''o°'^248?u ' 
report  as  to  each  such  school  containing  a  concise  state-  }9i|'f45* 
ment  as  to  its   buildings,   equipment,   and  resources,   its  lais!  ssoi  §  8. 
courses  and  methods  of  instruction,  the  number  of  teachers 
and  students  during  the  preceding  school  year  and  the 
number  of  graduates. 

Section  45.     The   board   of  trustees   of  each   of   said  ,^Trt^^^?fH^L= 
schools  may  insure  the  buildings  of  said  schools  and  their  lgfg^°^^^''^- 
contents  in  such  amount  as  it  deems  sufficient. 

Section  46.     The  yearly  tuition  at  any  of  said  schools  Rate  of  tuition 

A  V  »/  %/  tor  norL^rcsicldit 

for  day  students  who  are  non-residents  of  the  common-  pupiis. 
wealth  shall  not  be  less  than  one  hundred  and  fifty  dollars,  igoo!  Res!  72'. 
Section  46A.     (As  enacted  by  chapter  385,  Acts  of  1921.)  ^f/^ake°°'' 
Said  schools  may  make,  under  such  regulations  as  their  Jl^f'ggl^**' 
respective  boards  of  trustees  may  from  time  to  time  pre- 
scribe, tests,  comparative  or  otherwise,  of  new  and  use- 
ful improvements  in  textile  machinery  or  of  apparatus, 
dyes,  compounds,  processes,  methods   or  means,  directly 
or  indirectly  relating   to  the   manufacture  of  textiles  or 
to  the  machinery,   tools,   appliances  and   materials   used 
in  connection  therewith.     The  person  for  whom  any  such 
test  is  made  shall  pay  therefor  on  account  of  the  common- 
wealth a  sum  not  less  than  the  actual  cost  thereof,  in- 
cluding a  reasonable  amount  for  overhead  expense.     No 
such  test  shall  be  undertaken  by  any  such  school  which 
in  the  opinion  of  its  trustees  will  be  likely  to  interfere  with 
the  regular,  eflBcient  and  proper  exercise  of  school  func- 
tions.    In  the  making  of  such  tests  preference  shall  be 
given  to  citizens  of,  and  to  corporations  organized  under 
the  laws  of,  the  commonwealth. 


66 


LAWS  RELATING  TO  EDUCATION.     [Chap.  74. 


What  degrees 
may  be  granted 
at  Lowell  Tex- 
tile School. 
1912,  62. 
1917,  Sp.  244. 


City  of  Lowell 
may  provide 
scholarship. 
1912,  Res.  120. 


Section  47.  The  board  of  trustees  of  the  Lowell  textile 
school  may  grant  the  degrees  of  bachelor  of  textile  engi- 
neering and  bachelor  of  textile  chemistry  to  students  who 
have  taken  the  four  year  day  course  of  such  school  in  said 
departments  and  have  passed  the  examinations  required 
for  graduation. 

Section  48.  The  city  of  Lowell  may  annually  provide 
for  not  more  than  ten  four  year  course  day  scholarships 
at  the  Lowell  textile  school  for  residents  of  Lowell,  the 
sum  so  required  to  be  raised  by  taxation. 


Commissioners 
to  provide  and 
maintain  a 
nautical 
school. 

1891,  402,  §  3. 
R.  L.  45,  §  3. 
1913,  224. 


Commissioners 
may  receive 
vessels  from  the 
United  States. 
1891,402,  §4; 
Res.  4. 

Advance  to 
nautical  school 
for  cruises. 
1891,  402,  §  5. 
1893,  124. 
R.  L.  45,  §  5. 
1903,  171. 


Towns  may 
maintain 
nautical 
schools. 
1878,  159. 
P.  S.  44,  §  9. 
R.  L.  42,  §  16. 


NAUTICAL   SCHOOL. 

Section  49.  The  board  of  commissioners  of  the  Massa- 
chusetts nautical  school  shall  provide  and  maintain  a 
nautical  school  for  the  instruction  of  students  in  the 
science  and  practice  of  navigation,  accommodations  there- 
for on  board  a  proper  vessel,  books,  stationery,  apparatus 
and  supplies  needed  in  the  work  thereof,  and  appoint  and 
remove  necessary  instructors  and  other  employees,  deter- 
mine their  compensation,  fix  the  terms  upon  which  stu- 
dents shall  be  received  and  instructed  therein  and  dis- 
charged therefrom,  make  all  regulations  necessary  for  its 
management  and  provide  from  time  to  time  for  cruises  in 
or  from  Boston  harbor. 

Section  50.  The  board  may  receive  from  the  federal 
government,  and  use  for  the  accommodation  of  the  school, 
vessels  detailed  by  the  secretary  of  the  navy. 

R.  L.  45,  §  4. 

Section  51.  In  addition  to  the  advances  authorized 
by  section  twenty-three  of  chapter  twenty-nine,  the  state 
treasurer  shall,  upon  requisition  by  the  board  to  the  state 
auditor,  make  an  advance  for  said  cruises  of  not  exceeding 
ten  thousand  dollars  for  six  months  to  the  commanding 
officer  of  the  vessel  detailed  therefor,  who  shall  give  bond 
in  the  sum  of  ten  thousand  dollars,  with  sureties  approved 
by  the  governor  and  council,  for  its  proper  disbursement. 
Said  advance  shall  be  accounted  for  by  properly  approved 
vouchers  within  thirty  days  after  the  termination  of  said 
cruises. 

Section  52.  A  town  may  establish  and  maintain,  upon 
shore  or  upon  vessels  at  the  election  of  the  school  com- 
mittee, one  or  more  schools  for  training  young  men  or 
boys  in  nautical  duties.     School  committees  may  excuse 


Chap.  75.]      MASS.  AGRICULTURAL  COLLEGE. 


67 


boys   attending   such   schools   from   attendance   at   other 
schools. 

Section  53.     The  commissioner  shall  make  an  annual  ^s^Jil^UTe" 
report  relative  to  the  Massachusetts  nautical  school.  R.  l!45.S6/ 

1913,  224.  1919,  350,  §  8. 

Reference. 

Issue  of  bonds  for  establishing  and  equipping  the  Independent  Industrial  ' 
Shoemaking  School  of  the  City  of  Lynn,  1916,  Sp.  174,  §  4. 


CHAPTER    75. 

MASSACHUSETTS  AGRICULTURAL  COLLEGE. 


Sect. 

1.  Massachusetts  Agricultural  College  a 

state  institution. 

2.  Object  of  institution. 

3.  Determination  of  place  of  meeting. 

Quorum. 

4.  May  have  common  seal. 

5.  Expenditure  of  appropriations. 
€.  Accounting. 

SPECIAL   TRUSTS. 

7.  Management  of  special  trusts.     In- 

vestment of  funds. 

HEPORT. 

8.  Report.     Printing. 

REGULATION    OF    COLLEGE. 

9.  Management  of  state  property. 

10.  Rules  and  by-laws. 

11.  Regulation  of  courses  of  instruction. 

12.  Degrees. 

13.  Election  of  officers. 

14.  Rifle  range. 

NORMAL   DEPARTMENT. 

15.  Normal  department. 

MASSACHUSETTS      AGRICULTURAL      EXPERI- 
MENT   STATION. 

16.  Name  and  character  of  station. 


Sect. 

17.  Nature    and    scope    of    experimental 

work. 

18.  Officers  to  be  appointed. 

19.  Publications  by  trustees. 

20.  Publications  by  director. 

21.  Fee  for  testing  poultry. 

EXPERIMENTAL    FARM    AND     BRANCH     STA- 
TIONS. 

22.  Experimental  farm  to  be  maintained. 

Labor  of  students. 

23.  Stations  for   market  gardening   and 

cranberry  and  tobacco  growing. 

EMPLOYEES. 

24.  Status  of  employees. 

SALE    OR    LEASE    OF   LANDS. 

25.  Sale  of  land. 

26.  Lease  of  land. 

27.  Form   and   operation   of  deeds   and 

leases. 

28.  BuUdings   on   leased   land   liable   to 

taxation. 

MOUNT       TOBT       STATE       DEMONSTRATION 
FOREST. 

29.  Powers  and  duties  of  trustees  as  to 

forest. 

30.  Instruction  in  forestry. 


Section  1.    The  Massachusetts  agricultural  college  shall  AgSt3**^ 
continue  to  be  a  state  institution.  ises.  220,  §  1.  SSfLu- 

1864.  223,  §  1.  1918,  262,  §  1.  tution. 

1911,  311.  3  Op.  A.  G.308,  460. 


68 


LAWS  RELATING  TO  EDUCATION.     [Chap.  75. 


Object  of  in- 
stitution. 
1863.  220,  §  1. 
1918,  262,  §  6. 


Determination 
of  place  of 
meeting. 
Quorum. 
1863,  220,  §  2. 


May  have 
common  seal. 
1863,  220,  §  3. 

Expenditure 
of  appropria- 
tions. 

1918,  262,  §  4. 

1919,  350,  §  56. 


Accounting. 
1894,  143,  §  4. 

1908,  460,  §  3. 

1909,  436, 
§§3,4. 

1910,  627, 
§§3,4. 

1911,  592, 
§§  2,  3. 

1912,  705, 
§§  2,  3. 
1918.  262,  §  4. 


Section  2.  The  leading  object  of  the  college  shall  be 
to  teach  subjects  relating  to  agriculture  and  the  mechanic 
arts,  so  as  to  promote  liberal  and  practical  education.  Its 
curriculum  may  include  other  scientific  and  classical 
studies  and  shall  include  military  tactics. 

Section  3.  The  trustees  shall  determine  the  time  and 
place  of  their  meetings  and  the  manner  of  giving  notice 
thereof.    Nine  members  shall  be  a  quorum. 

1918,  262,  §  2.  1919,  350,  §  56. 

Section  4.  The  college  may  have  a  common  seal, 
which  may  be  altered  by  the  trustees.         i9i9. 350,  §  56. 

Section  5.  Expenditures  for  maintenance  shall  be  au- 
thorized by  the  trustees  or  by  their  duly  appointed  com- 
mittee. The  expenditure  of  special  appropriations  shall  be 
directed  by  such  trustees,  and  shall  be  authorized  and  ac- 
counted for  as  are  appropriations  for  maintenance. 

Section  6.  A  complete  accounting  of  receipts  and 
expenditures  shall  be  made  to  the  governor  annually. 
Monthly  statements  of  receipts  and  expenditures  shall  be 
made  to  the  state  auditor  by  the  treasurer,  who  shall  keep 
complete  records  and  files  of  pay  rolls  and  bills  in  his 
office.  There  shall  be  a  complete  audit  of  the  accounts  of 
the  college,  including  receipts  and  expenditures,  under  the 
direction  of  the  trustees,  at  least  twice  a  year. 


Management 
of  special 
trusts.     In- 
vestment of 
funds. 

1863,  220,  §  4. 
1911,311,  §  1. 

1918,  262,  §  3. 

1919,  350,  §  56. 
2  Op.  A.  G.  359. 


SPECIAL  trusts. 

Section  7.  The  trustees  shall  administer  property  held 
in  accordance  with  special  trusts,  and  shall  also  administer 
grants  or  devises  of  land  and  gifts  or  bequests  of  personal 
property  made  to  the  commonwealth  for  the  use  of  the 
college,  and  execute  said  trusts,  investing  the  proceeds 
thereof  in  notes  or  bonds  secured  by  sufficient  mortgages 
or  other  securities. 


Report. 
Printing. 
1863,  220,  §  5. 
1871,  378,  §  1. 
P.  S.  4,  §  9. 

1882,  Res.  31; 
212,  §  3. 

1883,  105. 

1884,  Res.  46. 

1885,  369,  §  1. 

1888,  256,  §  2. 

1889,  164, 
§§  1,2; 
440,  §  7. 


REPORT. 

Section  8.  The  commissioner  of  education  shall  make 
an  annual  report,  which,  with  appendices,  may  be  printed 
in  six  parts,  as  follows:  part  one,  the  report  of  the  trustees; 
part  two,  the  report  of  the  president  and  other  officers  of 
administration;  part  three,  the  catalogue  of  the  college; 
part  four,  the  report  of  the  director  of  the  Massachusetts 
agricultural   experiment  station  and   other  officers;    part 


Chap.  75.]      MASS.  AGRICULTURAL  COLLEGE.  69 

five,  the  detailed  reports  of  the  experiment  station;  and  }||4'foT"H3 
part  six,  the  report  of  the  director  of  the  extension  fstv^Hi^// 
service.  r.  l.  9,  §  7. 

1908,  459,  §§  1,  3.  1914,  91,  §  1.  1919,  350,  §  56. 

1910,  429,  §  1.  1916,  233,  §  1.  3  Op.  A.  G.  308. 


KEGULATION   OF   COLLEGE. 

Section  9.     The  trustees  shall,  on  behalf  of  the  com-  Management  of 
monwealth,   manage  and   administer  the  college  and   all  1^63, 220^^"^^ " 
property,   real  and   personal,   belonging  to  the  common-  H^^g-  ^^^g  .  ^ 
wealth  and  occupied  or  used  by  the  college,  and  shall  keep  JfY^o^.^fL 
in   repair   houses,    buildings   and   equipment   so   used    or  i9i9, 350.  §  56. 
occupied. 

Section  10.     The  trustees  shall  make  reasonable  rules  Rules  and 
and  by-laws  consistent  with  law,  with  reasonable  penalties,  1863, 220,  §  2. 
for  the  government  of  the  college  and  for  the  regulation  ^^^^'  ^^^'  ^  ^^' 
of  their  own  body. 

Section  11.     The  trustees  shall  determine  and  regulate  Regulation  of 
instruction  in  the  college.        i863, 220,  §§  2. 6.        i864. 223,  §  2.         struction. 

1918,  262,  §  6.  1919,  350,  §  56.  2  Op.  A.  G.  84. 

Section  12.     The  trustees  may  confer  such  appropriate  Degrees, 
degrees  as  they  may  determine  and  prescribe.  wis.  262;  §  3. 

1919,  350,  §  56. 

Section  13.     The    trustees    shall    elect    the    president,  Election  of 
necessary  professors,  tutors,  instructors  and  other  officers  1863,220, 
of  the  college  and  fix  their  salaries  and  define  the  duties  1918,262, 
and  tenure  of  office.     Incumbents  of  the  above  offices  on  1919,  350.  §  56. 
May  thirty-first,  nineteen  hundred  and  eighteen,  shall  con- 
tinue in  ofiice  for  the  terms  for  which  they  were  originally 
elected  unless  sooner  removed. 

Section  14.  The  trustees  shall  maintain  the  rifle  range  Rifle  range, 
heretofore  established  by  law  for  the  use  of  the  military  1919;  350,'  §  56. 
department  of  the  college,  and  shall  use  therefor  the  land, 
buildings  and  equipment  heretofore  acquired  therefor. 
The  trustees  shall  permit  the  militia  of  the  commonwealth 
to  use  such  range  when  such  use  does  not  interfere  with 
use  by  the  college. 

NORMAL   department. 

Section  15.     The  trustees  may  maintain  a  normal  de-  Normal  de- 
partment of  the  college  for  the  instruction  in  the  elements  igoSi  §  7._ 
of  agriculture  of  persons  desiring  to  teach  such  elements  in  ^^^^'  ^^°'  *  ^^- 


70 


LAWS  RELATING  TO  EDUCATION.     [Chap.  75. 


public  schools,  at  a  cost  not  to  exceed  five  thousand  dol- 
lars annually,  if  fifteen  persons  present  themselves  for  such 
instruction. 


Name  and 
character  of 
station. 
1882,  212.  §  1. 
1887,  31,  §  1. 

1894,  143, 
§§  1,3. 

1895,  57,  §  1. 
1907,  66,  §  1. 

1918,  262,  §  6. 

1919,  350,  §  66. 

Nature  and 
scope  of  ex- 
perimental 
work. 

1882,  212,  §  5. 
1894,  143,  §  3. 
1919,  185; 
350,  §  56. 


OflBcers  to 
be  appointed. 
1882,  212,  §  5. 
1894.  143,  §  3. 
1919,  350,  §  56, 


Publications  by 
trustees. 
1882,  212,  §  5. 
1894,  143,  §  3. 
1919.  350,  §  56. 


Publications 
by  director. 

1873,  312,  §  3. 

1874.  206.  §  4. 
1878.  258.  §  4. 


IVL^SSACHUSETTS   AGRICULTUEAL    EXPERIMENT    STATION. 

Section  1G.  The  trustees  shall  maintain  at  the  college 
an  agricultural  experiment  station,  to  be  known  as  the 
Massachusetts  agricultural  experiment  station,  and  shall 
use  therefor  the  land,  buildings  and  equipment  heretofore 
acquired  therefor  and  owned  by  the  commonwealth.  Such 
station  shall  be  a  part  of  the  college. 

Section  17.  The  trustees  shall  cause  experiments  and 
investigations  to  be  made  at  said  station  in  the  following 
subjects : 

First,  The  causes,  prevention  and  remedies  of  diseases  of 
domestic  animals,  plants  and  trees; 

Second,  The  history  and  habits  of  insects  destructive  to 
vegetation,  and  the  means  of  abating  them; 

Third,  The  manufacture  and  composition  of  both  foreign 
and  domestic  fertilizers,  their  values  and  adaptability  to 
different  crops  and  soils; 

Fourth,  The  values,  under  all  conditions,  of  forage,  grain 
and  root  crops,  as  food  for  farm  animals,  for  various  pur- 
poses; 

Fifth,  The  comparative  value  of  green  and  dry  forage, 
and  the  cost  of  producing  and  preserving  them  in  the  best 
condition; 

Sixth,  The  adulteration  of  any  article  of  food  intended 
for  the  use  of  men  or  animals; 

Seventh,  Testing  poultry  to  eliminate  disease; 

Eighth,  Other  subjects  deemed  advantageous  to  agri- 
culture and  horticulture  in  the  commonwealth. 

Section  18.  The  trustees  shall  appoint  a  director  of 
said  station,  a  chemist  and  necessary  assistants,  and  shall 
provide  and  maintain  suitable  and  necessary  appliances 
for  the  purposes  specified  in  the  preceding  section. 

Section  19.  The  trustees  shall  publish  bulletins  con- 
taining the  results  of  experiments  and  investigations  by 
the  station  except  under  the  following  section,  and  shall 
distribute  such  bulletins  to  residents  and  newspapers  of 
the  commonwealth  applying  therefor. 

Section  20.  The  director  may  from  time  to  time  pub- 
lish in  reports,  bulletins,  special  circulars  or  otherwise,  the 
results  of  analvses  of  commercial  fertilizers  and  feedstuffs 


Chap.  75.]      MASS.  AGRICULTURAL  COLLEGE.  71 

made  under  sections  two  hundred  and  twenty-five  to  two  P.s.eo,  §11. 
hundred  and  thirty-five,   two  hundred   and   fifty  to  two  §§^;|^*^' 
hundred  and  fifty-four  and  two  hundred  and  fifty-six  to  §§f'|^''' 
tw^o  hundred  and  sixty-one,  all  inclusive,  of  chapter  ninety-  ]^^l'  ^^^'  §  ^■ 
four.     Publications  relative  to  fertilizers  shall  contain  the  §§  i^,  is. 
cost  of  equivalent  amounts  of  nitrogen,  phosphoric  acid,  Itof.  III'.  ^  ^ 
and   potash  or  unmixed   materials   when   bought  on  the  §f7;f2^.^' 
market  at  retail  for  cash.     Publications  relative  to  both  ifg.'iT' 
fertilizers  and  feedstuffs  shall  contain  such  additional  in- 
formation as  to  the  character,  composition,  value  and  use 
of  the  fertilizers  and  feedstuffs  analyzed  as  the  director 
may  see  fit  to  include. 

Section  21.  A  fee  of  not  more  than  seven  cents  may  Fee  for 
be  charged  for  each  test  of  poultry  made  under  section  poultry 
seventeen.  i9i9.  iss. 

EXPERIMENTAL   FARM   AND   BRANCH   STATIONS. 

Section  22.     The  trustees  shall  maintain  and  manage  Experimental 
an  experimental  farm  to  be  known  as  the  college  farm  and  maiStl'ii!'^. 
shall  use  therefor  the  land  heretofore  acquired  therefor,  ^ttdentl 
Their  rules  and  by-laws  shall  make  just  and  reasonable  Igig' |1^' |  56 
provision  for  manual  labor  on  said  farm  by  students  of 
the  college. 

Section  23.     The   trustees   shall   maintain   the   experi-  stations  for 
ment  stations  heretofore  authorized  by  law  for  practical  d'eS^^nd 
demonstrations  in  market  gardening  and  of  experimental  anTtobZcco 
work  in   planting  and   growing  cranberries  and  tobacco,  fgioj  Res.  100 
and  shall  use  therefor  the  land,  buildings  and  equipment  J^g^^^-^ff^-  ^^^• 
heretofore  acquired  therefor.  1917,  rm.  25; 

1918,  Res.  56.  1919,  350,  §  56. 

EMPLOYEES. 

Section  24.     Employees  of  the  college  shall  be  exempt  status  of 

p  .     .,  .  ,    -^       "  °  ^       employees. 

from  civil  service  laws,  i9i8, 262,  §  5. 

sale  or  lease  of  lands. 

Section  25.     Subiect  to  section  twenty-seven  the  trus-  saieofiand. 
tees  may  sell  and  convey,  in   the   name  of  and  for  the  igis!  Sp.  329, 
commonwealth,  to    any   professor,  instructor,   teacher   or  1919,^350,  §  56. 
employee  of  said  college,  or  to  any  society,  association  or 
fraternity   established    thereat,  land   owned  by  the   com- 
monwealth in  Amherst  or  Hadley.      Not  more   than  one 
acre  shall  be  so  sold  and  conveyed  to  any  one  such  person 


72 


LAWS  RELATING  TO  EDUCATION.     [Chap.  75. 


Lease  of 
land. 
19U,  409. 
1919.  350,  §  56. 


Form  and 
operation  of 
deeds  and 
leases. 

1911,  409. 

1912,  638. 
1915,  Sp.  329, 
§§  1.  3. 

Buildings  on 
leased  land 
liable  to 
taxation. 
1911,  409. 


or  organization.  Such  conveyances  shall  contain  neces- 
sary restrictions  and  conditions. 

Section  26.  Subject  to  section  twenty-seven  the  trus- 
tees may,  in  the  name  of  and  for  the  commonwealth,  lease 
to  any  professor,  instructor,  teacher  or  employee  of  said 
college,  or  to  any  society,  association  or  fraternity  estab- 
lished thereat,  land  in  Amherst  or  Hadley  owned  by  the 
commonwealth,  for  the  erection  and  maintenance  of 
suitable  dwellings  thereon,  at  the  sole  expense  of  the 
lessee  and  for  the  lessee's  use  and  occupancy.  Not  more 
than  one  half  an  acre  shall  be  so  leased  to  any  one  such 
person  or  organization.  Such  leases  shall  contain  such 
written  terms,  conditions,  restrictions  and  reservations  as 
the  parties  agree  upon. 

Section  27.  No  sale  or  conveyance  under  section 
twenty-five  shall  become  operative  until  it  is  approved  by 
the  governor  and  council,  and  no  lease  under  section 
twenty-six  shall  become  operative  until  the  form  thereof 
is  approved  by  the  governor  and  council. 

Section  28.  The  lessee  and  his  assignees  shall  be 
liable  to  taxation  upon  any  building  erected  on  land 
leased  under  section  twenty-six  to  the  extent  of  its  value 
as  determined  by  the  assessors  of  the  town  wherein  the 
land  lies. 


MOUNT   TOBY   STATE   DEMONSTRATION   FOREST, 

Section  29.     The  trustees  shall  protect  and  maintain 


the  land  owned  by  the  commonwealth  situated  on  or  about 
Mount  Toby,  so-called,  in  Sunderland  and  Leverett,  known 


Powers  and 
duties  of 
trustees  as  to 
forest. 
1916,  234. 

1919, 350,  §  56.  as  the  Mount  Toby  state  demonstration  forest. 

Instruction  SECTION  30.     Thc  trustccs  shall  use  so  much  of  such 

in  lorestry.  o  •  •  •         p 

1919  350*  I  56  ^^"^  ^^  ^^^y  ^^^^^  determine  for  instruction  in  forestry 
'  and  as  a  laboratory  for  research  and  illustration  in  eco- 
nomic questions,  and  for  practical  work  in  the  conserva- 
tion and  use  of  forest  tracts  and  farm  wood  lots. 


Reference. 

Authority  of  director  to  enforce  §§  25  to  31.  225  to  235,  250  to  254  and 
256  to  261,  all  inclusive,  of  chapter  94,  relative  to  measuring  devices  and 
testing  machines  for  milk,  and  commercial  fertilizers  and  commercial  feed- 
ing stuff,  Chap.  94,  §§  30,  235,  260, 


Chap.  76.]  SCHOOL  ATTENDANCE. 


73 


CHAPTER    76. 


SCHOOL  ATTENDANCE. 


Sect. 

1.  School  attendance  regulated. 

2.  Duties  of  parents,  etc.,  as  to  school 

attendance.     Penalty. 

3.  Certain   illiterate    minors    to    attend 

evening  schools. 

4.  Penalty     for     inducing     absence     of 

minors,  etc. 

5.  Where  children  may  attend. 

6.  Attendance     in     places     other     than 

residence  of  parent  or  guardian. 

TUmON    OP    PUBLIC    CHARGES. 

7.  Tuition  of  certain  public  charges. 

8.  Transportation  of  same. 


Sect. 
9.  High  school  tuition  of  same. 

10.  Payment  of  accounts  as  to  same. 

11.  Tuition  of  inmates  of  certain  institu- 

tions. 

12.  Attendance  outside  place  of  residence. 
1.3.  Transfer  cards. 

14.  Transportation     of     children     living 

upon  islands. 

EXCLUSION    FBOM    SCBOOU 

15.  Vaccination. 

16.  Exclusion  from  school,  action  for. 

17.  Pupil  not  to  be  excluded  without  hear- 

ing. 


Section  1.     (As  amended  by  chapter  JfiS,  Acts  of  1921.)  fttL*^dance 
Every  child  between  seven  and  fourteen,  every  child  under  regulated. 
sixteen  who  does  not  meet  the  requirements  for  the  com-  §§  i,'2, 4.' 
pletion  of  the  sixth  grade  of  the  public  schools  of  the  1873, 279,  §  1. 
town  where  he  resides,  and  every  child  under  sixteen  ex-  ^^i!^7%  f/' 
cept  a  child  holding  an  employment  certificate  as  provided  Hgolllt'.  ^  ^' 
in  chapter  one  hundred  and  forty-nine  and  employed  in  Jgg^'fgg. 
some  regular  employment  or  business  for  at  least  six  hours  joq^VqV 
per  day,  and  except  a  child  having  the  written  permission  §§  12.31.' 
of  the  superintendent  of  schools  of  the  town  where  he  1905;  326. 
resides  to  engage  in  profitable  employment  at  home,  shall,  1913;  779; 
subject  to  section  fifteen,  attend  a  public  day  school  in  flis^ |i,  §  1 
said   town   or   some   other   day   school   approved   by   the  J^i9. 28I;  291. 
school  committee,  during  the  entire  time  the  public  schools  }4|  ^^ss  623' 
are  in  session,  unless  the  child  attends  school  in  another  159  Mass!  372! 
town,  during  the  entire  time  the  same  is  in  session,  under  196  Mass!  309. 
sections  six  to  twelve,  inclusive,  or  under  chapter  seventy-  op.'a'g.  "^ 
one;    but  such  attendance  shall  not  be  required  of  a  child  op.^A.  g. 
whose  physical  or  mental  condition  is  such  as  to  render  (i^^o)  112. 
attendance  inexpedient  or  impracticable,  or  who  is  being 
otherwise  instructed  in  a  manner  approved  in  advance  by 
the  superintendent  or  the  school  committee.     The  super- 
intendent, or  teachers  in  so  far  as  authorized  by  him  or 
by  the  school  committee,  may  excuse  cases  of  necessary 
absence  for  other  causes  not  exceeding  seven  day  sessions 
or  fourteen  half  day  sessions  in  any  period  of  six  months. 


74 


LAWS  RELATING  TO  EDUCATION.     [Chap.  76. 


Duties  of 
parents,  etc., 
as  to  school 
attendance. 
Penalty. 
1873,  279,  §  1. 
1878,  171,  §  1. 
P.  S.  47,  §  2. 
1889,  464,  §  2. 
1894,  498,  §  2. 
1898,  496,  §  12. 
R.  L.  44,  §  1. 

1905,  320. 

1906,  383. 
1913,  779,  §  2. 
1915,  81,  §  2. 
148  Mass.  623. 
159  Mass.  374. 


Certain 
illiterate 
minors  to 
attend  evening 
schools. 
1913,  467, 
§§  1-3. 
1916,  82.  §  1. 


Penalty  for  in- 
ducing ab,sence 
of  minors,  etc. 
1894,  498.  §  22, 
1898,  496,  §  31 
R.  L.  44,  §  1. 

1905,  320. 

1906.  383. 
1913.467,  §4; 
779.  §  2. 


For  the  purposes  of  this  section,  school  committees  shall 
approve  a  private  school  only  when  the  instruction  in  all 
the  studies  required  by  law  is  in  English,  and  when  satis- 
fied that  such  instruction  equals  in  thoroughness  and 
efficiency,  and  in  the  progress  made  therein,  that  in  the 
public  schools  in  the  same  town;  but  they  shall  not 
withhold  such  approval  on  account  of  religious  teaching. 

The  school  committee  of  each  town  shall  provide  for 
and  enforce  the  school  attendance  of  all  children  actually 
residing  therein  in  accordance  herewith. 

Section  2.  Every  person  in  control  of  a  child  de- 
scribed in  the  preceding  section  shall  cause  him  to  attend 
school  as  therein  required,  and,  if  he  fails  so  to  do  for 
seven  day  sessions  or  fourteen  half  day  sessions  within 
any  period  of  six  months,  he  shall,  on  complaint  by  an 
attendance  officer,  be  punished  by  a  fine  of  not  more  than 
twenty  dollars.  No  physical  or  mental  condition  capable 
of  correction,  or  rendering  the  child  a  fit  subject  for 
special  instruction  at  public  charge  in  institutions  other 
than  public  day  schools,  shall  avail  as  a  defence  unless  it 
appears  that  the  defendant  has  employed  all  reasonable 
measures  for  the  correction  of  the  condition  and  the  suit- 
able instruction  of  the  child. 

Section  3.  Everv  illiterate  minor  between  sixteen  and 
twenty-one,  except  a  married  woman,  shall  attend  some 
public  evening  school,  if  any,  in  the  town  of  his  residence, 
for  the  whole  time  during  which  the  public  evening  schools 
are  in  session,  unless  he  attends  a  public  day  school,  or 
a  private  school  approved  as  provided  in  section  one  by 
the  school  committee,  or  unless  his  physical  or  mental 
condition  is  such  as  to  render  his  attendance  harmful  or 
impracticable.  Wilful  violation  of  this  section  by  such  a 
minor  shall  be  punished  by  a  fine  of  not  less  than  five 
dollars;  failure  for  six  sessions  within  a  period  of  one 
month  by  any  person  in  control  of  such  a  minor  to  cause 
his  attendance,  shall,  on  complaint  by  an  attendance 
officer,  be  punished  by  a  fine  of  not  more  than  twenty 
dollars. 

Section  4.  Whoever  induces  or  attempts  to  induce  a 
minor  to  absent  himself  unlawfully  from  school,  or  un- 
lawfully employs  him  or  harbors  a  minor  who,  while  school 
is  in  session,  is  absent  unlawfully  therefrom,  shall  be  pun- 
ished by  a  fine  of  not  more  than  fifty  dollars. 

1915.  81,  §  2. 


Chap.  76.]  SCHOOL  ATTENDANCE.  75 

Section  5.     Every  child  shall  have  a  right  to  attend  ^jj^f^^  ^ 
the  public  schools  of  the  town  where  he  actually  resides,  attend"  "^^^ 
subject  to  the  following  section,  and  to  such  reasonable  lirJ;  III]  §  t; 
regulations  as  to  numbers  and  qualifications  of  pupils  to  aa"4r§§3,9. 
be   admitted  to  the  respective  schools  and  as  to  other  f§  4;  to", 
school  matters  as  the  school  committee  shall  from  time  §fi'iT' 
to  time  prescribe.    No  child  shall  be  excluded  from  a  pub-  Jf ^^'  ttW' 
lie  school  of  any  town  on  account  of  race,  color  or  religion.  i9ii;268,  §  i. 

12  Allen,  127.  195  Mass.  29.  *   ^^^^'  "^'  ^  ^• 

Section  6.     If  a  child  described  in  section  one  resides  Attendance  in 
temporarily  in  a  town  other  than  the  legal  residence  of  tre'^sidence 
his  parent  or  guardian  for  the  special  purpose  of  there  gJS "' 
attending  school,  the  said  town  may  recover  tuition  from  g\^]P§7 
the   parent  or  guardian,   unless  under  section  twelve  or  isre',  im,  §  2. 
chapter  seventy-one,  such    tuition  is  payable  by  a  town.  1894,498!  f'g. 
Tuition  payable  by  the  parent  or  guardian  shall,  for  the  S,  III  §  8. 
period   of   attendance,    be   computed   at  the   regular  rate  fgos;  375.^  ^' 
established    by    the    school    committee    for    non-resident  \l\l]  779;  |  f 
pupils,  but  in  no  case  exceeding  the  average  expense  per  \l\^'  H^ 
pupil  in  such  school  for  said  period.  ci.  (a). 

103  Mass.  104.  4  Op.  A.  G.  331,  340. 


TUITION   OF   PUBLIC   CHARGES. 

Section  7.     (.4^  amended  by  chapter  272,  Acts  of  1921.)  ^"^ahrp°Jbiic 
For  the  tuition  in  the  public  schools  of  any  town  of  any  J89g'^fg2 
child  over  five  \ears  placed  elsewhere  than  in  his  home  isss,' 496!  §  s! 
town  by,  or  there  kept  under  the  control  of,  the  depart-  i905,  375.  ^' 
ment   of   public   welfare   or   the   trustees   for  children   of  1913,' 779;  §  1 
Boston,  the  commonwealth  or  Boston,  from  its  appropria-  Iglgjlgi. 
tion  for  school  purposes,  shall  pay  to  said  town  for  each  f^f^'  ^^°' 
day  of  attendance  in  a  public  elementary  school  an  amount  1921,272. 
charged  by  the   school  committee  but  not  at  a  rate  in 
excess  of  the  expenditure  per  pupil  for  support,  exclusive 
of  general  control,  of  the  public  day  elementary  schools  in 
said  town  for  the  next   preceding    school   year  based  on 
the  average  membership  of  such  schools  as  printed  in  the 
annual  report  of  the  department  of  education,  and,  for  at- 
tendance  in    a   public   junior   or   senior   high   school,    the 
regular  rate  established  by  the  school  committee  for  non- 
resident pupils,  filed  with  and  approved  by  the  depart- 
ment of  education. 

Section  8.     For  transportation  to  and  from   a  public  Transportation 
school  of  any  child  whose  tuition  is  payable  by  the  com-  i898, 496.  §  s. 


76 


LAWS  RELATING  TO  EDUCATION.     [Chap.  76. 


R.  L.  44,  §  4. 
1905,  375. 
1911,  208,  §  2. 
1913,  779.  §  4. 
1919, 291,  cl.(c). 


High  school 

tuition  of 

same. 

R.  L.  44,  §  4. 

1919,  291, 

cl.  (d). 

1  Op.  A.  G. 
319 

2  Op.  A.  G.  98. 
Op.  A.  G. 
(1918)  39. 

Op.  A.  G. 
(1920)  295. 

Payment  of 
accounts  as 
to  same. 
1896,  382,  §  2. 
1898,  496,  §  8. 
R.  L.  44,  §4. 
1905,  375. 
1911,  268,  §  2. 
1913,  779,  §  4. 
1919,  291, 
cl.  (e). 
Tuition  of 
inmates  of 
certain  in- 
stitutions. 
1898,  496,  §  8. 
R.  L.  44.  §  4. 
1905,  375. 
1911,  268,  §  2. 
1913,  779,  §  4. 
1919.291,  cl.(/). 


Attendance 
outside  place 
of  residence. 
1857,  132. 
G.  S.  41.  §  7. 
1876,  186,  §  2. 
P.  S.  47,  §  8. 
1894,  498,  §  8. 
1898,  496,  §  10. 


Transfer  cards. 
1915,  94. 


monwealth  or  by  Boston  under  the  preceding  section,  the 
commonwealth  or  Boston,  as  the  case  may  be,  shall  pay 
to  the  town  furnishing  the  same,  for  each  week  of  five 
days  or  major  part  thereof,  a  sum  equal  to  the  average 
amount  per  week  for  each  child  paid  by  it  for  like  trans- 
portation over  the  same  route. 

Section  9.  If  a  town  where  a  child  is  placed  or  kept 
under  section  seven  does  not  maintain  a  public  high  school 
offering  four  years  of  instruction,  he  may,  subject  to  sec- 
tion six  of  chapter  seventy-one,  attend  the  public  high 
school  of  another- town,  but  the  commonwealth  or  Boston, 
as  the  case  may  be,  shall  reimburse  the  town  where  he  is 
so  placed  or  kept  for  tuition  paid  by  it  on  his  account, 
and  for  the  entire  cost  of  his  transportation. 

Section  10.  (As  amended  by  chapter  214,  Acts  of  1921.) 
Settlements  of  the  accounts  of  the  several  towns  under  the 
three  preceding  sections  with  the  commonwealth  and  with 
Boston  shall  be  made  annually  on  July  first,  and  the 
amounts  found  due  shall  be  paid  within  three  months 
thereafter.  i92i,  214. 

Section  IL  For  tuition  in  the  public  schools  in  any 
town  of  less  than  ten  thousand  inhabitants  of  any  child 
between  the  ages  of  five  and  fifteen  not  theretofore  resi- 
dent in  such  town,  who  is  an  inmate  of  an  institution  con- 
taining more  than  six  inmates,  the  town  may  recover  from 
the  institution  the  school  expense  incurred  by  reason  of 
the  school  attendance  of  such  child,  to  be  determined 
jointly  by  its  school  committee  and  the  trustees  or  man- 
agers of  the  institution,  or,  in  case  of  their  disagreement, 
by  the  probate  court;  but  no  demand  shall  be  made  upon 
said  trustees  or  managers  without  a  vote  of  the  town. 

Section  12.  Any  child,  with  the  consent  of  the  school 
committee  of  the  town  where  he  resides,  may  attend,  at 
the  expense  of  said  town,  the  public  schools  of  another 
town,  upon  such  terms  as  may  be  fixed  by  the  two  com- 
mittees. 


R.  L.  44,  §  5. 

103  Mass.  104. 


1  Op.  A.  G.  427. 
3  Op.  A.  G.  315. 


Section  13.  When  any  child  described  in  section  one 
leaves  the  school  or  institution  where  he  is  being  educated 
because  of  change  of  residence  to  another  town  in  the 
commonwealth,  the  superintendent  of  schools,  in  the  case 
of  a  public  school,  or  otherwise  the  person  in  charge,  shall 
furnish  such  child  a  transfer  card  containing  his  name,  age, 
grade  in  school,  and  in  every  case  possible,  his  new  street 


Chap.  76.]  SCHOOL  ATTENDANCE.  77 

and  number,  and  shall  forthwith  send  a  duplicate  thereof 
to  the  superintendent  of  schools  of  the  town  where  the 
child  is  to  reside. 

Section  14.     The  department   of   education  may  pro- xransportat 
vide  transportation  to  and  from  school,  or  board  in  olace  .9^  children 

.1  e       p  ii'ii  pii  ,.  living  upoi 


upon 


thereof,  for  such  children  of  school  age  as  live  upon  is'ands 
islands  within  the  commonwealth  that  are  without  schools,  i9i9!  292;  §  5; 
in  cases  where  the  local  authorities  are  not  required  by  Op°  aM^^^' 
law  to  provide  such  transportation.  (1920)27. 

EXCLUSION    FROM    SCHOOL. 

Section  15.     An  unvaccinated  child  shall  not  be  ad-  vaccination. 
mitted  to  a  public  school  except  upon  presentation  of  a  af.'ffil.^' 
certificate  like  the  physician's  certificate  required  by  sec-  f8l4;^64^  ^• 
tion  one  hundred  and  eighty-three  of  chapter  one  hundred  i|8|'  ]9| 
and  eleven.     A  child  from  a  household  where  a  person  is  §§9.'io.  ' 
ill  with  smallpox,  diphtheria,  scarlet  fever,  measles,  or  any  r.^l:44!^§V^" 
other  infectious  or  contagious  disease,  or  from  a  household  1907;  III: 
exposed  to  contagion  from   any  such  disease  in  another  JgsVa^s.  29. 
household,  shall  not  attend  any  public  school  during  such 
illness  or  exposure  until  the  teacher  of  the  school  has  been 
furnished  with  a  certificate  from  the  local  board  of  health, 
or  from  the  attending  physician,  stating  that  danger  of 
conveying  such  disease  by  such  child  has  passed. 

Section  16.     The  parent,  guardian  or  custodian  of  a  Exclusion 
child  refused   admission  to  or  excluded  from  the  public  ISn'for'' 
schools  shall  on  application  be  furnished  by  the  school  Ipjise; 
committee  with  a  written  statement  of  the  reasons  there-  ^^  |~4i 
for,  and  thereafter,  if  the  refusal  to  admit  or  exclusion  was  Pg°:;^7^- 
unlawful,  such  child  may  recover  from  the  town  in  tort,  §§'11-13. 

1  .  1  P      1  •  1894,498, 

and  may  examine  any  member  01  the  committee  or  any  §§  12-14. 
other  officer  of  the  town,  upon  interrogatories. 

R.  L.  44,  §7.  116  Mass.  365.  211  Mass.  66. 

23  Pick.  224.  133  Mass.  103.  216  Mass.  19. 

8  Gush.  160.  181  Mass.  127.  221  Mass.  427. 

Ill  Mass.  499.  186  Mass.  456.  229  Mass.  304. 

Section  17.     A  school  committee  shall  not  permanently  Pupiinotto 
exclude  a  pupil  from  the  public  schools  for  alleged  mis-  wtthout  ^ 
conduct  without  first  giving  him  and  his  parent  or  guardian  r;'l'.'4^4,  §  8 
an  opportunity  to  be  heard.  lesMass.  460. 

186  Mass.  456.  216  Mass.  19. 

211  Mass  66.  229  Mass.  304. 


78 


LAWS  RELATING  TO  EDUCATION.     [Chap.  77. 


CHAPTER    77. 

SCHOOL  OFFENDERS  AND  COUNTY  TRAINING  SCHOOLS. 


Sect. 

1.  Certain  counties  to  maintain  training 

schools.      Commitments   from   and 
payments  by  other  counties. 

2.  Visitation    by    certain    state    depart- 

ments. 

3.  Habitual  truants. 

4.  Habitual  absentees. 

5.  Habitual  school  offenders. 

6.  Support  of  inmates. 

7.  Probation. 


Sect. 

8.  Permits  to  be  at  liberty.    Discharge. 

9.  Temporary  release. 

10.  Disposition  of  unruly  inmates. 

11.  Jurisdiction. 

ATTENDANCE    OFFICERS. 

12.  Attendance  officers. 

13.  Duties  of  attendance  officers. 

14.  Chapter  not  to  affect  certain  special 

laws. 


Certain 
counties  to 
maintain 
training 
schools. 
Commitments 
from  and 
payments  by 
other  counties. 
1873.  262,  §  5. 
1881.  144. 
P.  S.  48,  §  14. 
1884,  155. 
1886,  282. 
1890.  309. 

1894,  498,  §  16. 

1895,  216. 

1896,  360. 
1898.  496,  §  22. 

1901,  299. 
R.  L.  46.  §  1. 

1902.  256. 
1906,  148. 
1908.  103. 
1913,  779,  §  5. 

1918,  257, 
§  184. 

1919,  5. 

1920,  2;  40. 

1921,  173. 
Op.  A.  G. 
(1920)    242. 


Section  1.  (.45  amended  hy  chapter  173,  Acts  of  1921.) 
The  county  commissioners  of  each  county,  except  Barn- 
stable, Berkshire,  FrankHn,  Hampshire,  Dukes,  Nantucket 
and  Suffolk,  shall  maintain  either  separately  or  jointly 
with  the  commissioners  of  other  counties  as  hereinafter 
provided,  in  a  suitable  place,  remote  from  a  penal  institu- 
tion, a  school  for  the  instruction  and  training  of  children 
committed  thereto  as  habitual  truants,  absentees  or  school 
offenders.  The  commissioners  of  two  or  more  counties 
may,  at  the  expense  of  said  counties,  establish  and  main- 
tain a  union  school  to  be  controlled  by  the  chairmen  of  the 
commissioners  of  said  counties.  The  chairmen  of  the 
commissioners  of  Norfolk,  Bristol  and  Plymouth  counties, 
having  the  management  of  the  Norfolk,  Bristol  and  Plym- 
outh union  training  school,  shall  each  be  paid  the  sum  of 
one  hundred  dollars  annually  by  their  respective  counties. 
The  commissioners  of  Barnstable,  Berkshire,  Franklin, 
Hampshire,  Dukes  and  Nantucket  counties  shall  assign  a 
training  school  established  by  law  as  the  place  for  the  in- 
struction and  training  of  children  so  committed  within 
their  respective  counties,  and  shall  pay  for  their  support 
in  said  school  such  reasonable  sum  as  the  commissioners 
having  control  of  said  school  may  fix.  Commitments  from 
Boston,  Chelsea,  Revere  and  Winthrop  shall  be  to  the 
training  school  for  Middlesex  county. 

The  town  from  which  an  habitual  truant,  absentee  or 
school  offender  is  committed  to  a  county  training  school 
shall  pay  to  the  county  maintaining  it  two  dollars  a  week 
toward  his  support,  and  reports  of  the  condition  and 
progress  of  its  pupils  in  said  school  shall  be  sent  each 


Chap.  77.]       SCHOOL  OFFENDERS,  ETC.  79 

month  to  the  superintendent  of  schools  of  such  town;  but 
Boston,  Chelsea,  Revere  and  Winthrop  shall  pay  to 
Middlesex  county,  for  the  support  of  each  child  com- 
mitted to  the  training  school  of  said  county,  two  dollars 
and  fifty  cents  a  week,  and  an  additional  sum  for  each 
child  sufficient  to  cover  the  actual  cost  of  maintenance. 

Section  2.     County  training  schools  shall  be  subject  to  visitation  by 
visitation  by  the  departments  of  education  and  of  public  departments. 
welfare,  and  said  departments  shall  report  thereon  annu-  Il^l!  lef §  2.^^" 
ally  to  the  general  court.  i9i9, 35o,  §§  56, 87. 

Section  3.     A  child  between  seven  and  sixteen  who  wil-  Habitual 
fully  and  habitually  absents  himself  from  school  contrary  1873^^62,  §  3 
to  section  one  of  chapter  seventy-six,  shall  be  deemed  an  ^gg^g  ^24*9^  §1 
habitual  truant,  and,  unless  placed  on  probation  as  pro-  is^^!  498!  §  21. 
vided  in  section  seven,  may,  on  complaint  of  an  attend-  R-  l'  46,  §  3. 
ance  officer,  be  committed  to  a  county  training  school.         1904!  220!  §  i. 

1906,  389.  1913,  779,  §§6,  25. 

Section  4.  •  A  child  between  seven  and  sixteen  found  Habitual 
wandering  about  streets  or  public  places,  having  no  lawful  i898, 496,_§  25. 
occupation,  habitually  absent  from  school  and  growing  up  1903;  33b,  §  2. 
in  idleness  and  ignorance,   shall   be  deemed  an  habitual  1913;  779!  §  7. 
absentee,  and,  unless  placed  on  probation  as  provided  in 
section  seven,  may,  on  complaint  of  an  attendance  officer 
or  any  other  person,  be  committed  to  a  county  training 
school. 

Section  5.     A  child  under  sixteen  persistently  violating  Habitual  school 
reasonable  regulations  of  the  school  he  attends,  or  other-  i889, 249,  §  2. 
wise  persistently  misbehaving  therein,  so  as  to  render  him-  \llt\  IH^  |  ll[ 
self  a  fit  subject  for  exclusion  therefrom,  shall  be  deemed  fgoajssb.S^ 
an  habitual  school  offender,  and,  unless  placed  on  proba-  J^o^-  220,  §  3. 
tion  as  provided  in  section  seven,  may,  on  complaint  of 
an  attendance  officer,  be  committed  to  a  county  training 
school. 

Section  6.     The  court  or  magistrate  by  whom  a  child  f"PP°^  °^ 
has  been  committed  to  a  county  training  school  may  make  J^g^,  496  §27. 

,  ,       .  ,  1         1  •  ,  '^  ,         ,  .      R.  L.  46,  §  6. 

an  order  relative  to  the  payment  by  his  parents  or  by  his  1913, 779,  §  9. 
guardian  out  of  the  ward's  property  to  the  county  of  the  §  isl 
cost  of  his  support  while  in  said  school,  and  may  from  1920!  2! 
time  to  time  revise  or  alter  such  order  or  make  a  new  fi^20)^'2- 
order  as  the  circumstances  of  the  parents  or  ward  may 
justify. 

Section  7.     A  court  or  magistrate  by  whom  a  child  fg'°|*^'°°- §  2?. 
has  been  convicted  of  an  offence  under  this  chapter  may  R-  ^-  ^e.  §  7. 
place  him  on  probation  under  the  oversight  of  an  attend- 


80  LAWS  RELATING  TO  EDUCATION.     [Chap.  77. 

ance  officer  of  the  town  where  the  child  resides,  or  of  a 
probation  officer  of  said  court,  for  such  period  and  upon 
such  conditions  as  the  court  or  magistrate  may  deem  best; 
and  if,  within  such  period,  the  child  violates  the  condi- 
tions of  his  probation,  such  attendance  or  probation  officer 
may,  without  warrant  or  other  process,  take  the  child  be- 
fore the  court,  who  may  thereupon  sentence  him  or  may 
make  any  other  lawful  disposition  of  the  case. 
Permits  to  be        SECTION  8.     If  the  couutv  commissioncrs  deem  it  for 
Discharges.       the  best  interest  of  any  child  committed  to  a  county  train- 
i89s;  496;  §  29;  ing  school  uudcr  their  control,  after  notice  and  an  oppor- 
R.  L  46,  §  8.     tunity  to  be  heard  has  been  given  to  the  superintendent  of 
1913!  779, lib.  schools,  if  any,  otherwise  to  the  school  committee  of  the 
town  from  which  such  child  was  committed,  they  may  per- 
mit him  to  be  at  liberty  upon  such  conditions  as  they 
deem  best;    or,  with  the  approval  of  the  court  which  im- 
posed the  sentence,   they  may  discharge  him  from  said 
school.    Thereupon  they  shall  enter  upon  their  records  his 
name,  the  date  of  parole  or  discharge  and  the  reason  there- 
for;  and  a  copy  of  such  record  shall  be  transmitted  to  the 
court  by  which,  and  to  the  school  committee  of  the  town 
from  which,  he  was  committed. 

If  such  child,  in  the  opinion  of  the  commissioners, 
violates  the  conditions  of  his  parole  at  any  time  before  the 
expiration  of  the  term  of  his  commitment,  the  parole  may 
be  revoked.  If  a  superintendent  or  a  school  committee 
furnishes  evidence  satisfactory  to  the  commissioners  of  the 
child's  violation  of  said  conditions,  the  commissioners  shall 
revoke  such  parole,  and  may  thereupon  issue  an  order 
directed  to  the  attendance  or  police  officers  of  any  town  to 
arrest  such  child  wherever  found  and  return  him  to  said 
school.  Any  such  officer  shall  arrest  the  child  and  return 
him  to  said  school,  where  he  shall  be  held,  subject  to  this 
chapter,  for  the  residue  of  the  term  of  the  original  sen- 
tence. 

The  expense  of  such  arrest  and  return,  so  far  as  ap- 
proved by  the  commissioners,  shall  be  paid  by  the  county 
maintaining  said  school.  A  child  who  has  been  committed 
to  a  county  training  school  shall  be  discharged  from  the 
custody  and  care  of  such  school  upon  his  becoming  sixteen, 
whether  then  confined  therein,  or  on  parole. 
SSse'^^  Section  9.     If  a  near  relative  of  a  child  confined  on  a 

R ^L  46^5  9      sentence  as  an  habitual    truant,  habitual  absentee  or  ha- 
1903.308.         bitual  school  offender  dies  or  is  seriously  ill,  any  member 


Chap.  77.]        SCHOOL  OFFENDERS,  ETC.  81 

of  the  trustees  or  county  commissioners  having  charge  of 
the  institution  may  order  such  child  released  for  a  speci- 
fied time,  either  in  the  custody  of  the  superintendent  or 
other  oflBcer  or  not,  and  may  revoke,  extend  or  otherwise 
modify  such  order.  The  expenses  incurred  in  serving 
such  order  shall  be  approved  and  paid  in  the  same  manner 
as  other  expenses  of  the  institution  where  the  child  is 
confined. 

Section  10.     An   inmate  of  a   county  training  school  Pf'u''n°^[y°'* 
persistently    violating    reasonable    regulations    thereof,    or  i,"'?^*!!:,  ,  ,„ 

^     .,  o'l  •  11  1-         lo98,  49b,  §  30. 

guilty    or    mdecent    or    immoral    conduct,    or    otherwise  R  L-  46,  §  lo. 

•  .  •  1903  330   5  4 

grossly   misbehaving,    so   as   to    render   himself   an   unfit  lois!  779',  §  11. 
subject  for  retention  therein,  may,  on  complaint  of  the  §  ise.     ' 
officer  in  control  of  said  school  be  committed,  if  a  boy,  }92o;2; 
under  fifteen,  to  the  Lyman  school  for  boys,  or,  if  over 
fifteen,  to  the  industrial  school  for  boys;    or,  if  a  girl,  to 
the  industrial  school  for  girls. 

Section  11.     District    courts,     except    the    municipal  i873^262°§'4 
court  of  Boston,   trial  justices  and  the  Boston   juvenile  ^gg^^j^g^^jg^  ^^■ 
court  shall  have  jurisdiction  of  offences  arising  under  sec-  1894;  493;  §  15. 
tion  one  of  chapter  seventy-six  and  under  this  chapter.     A  r.  l!46,  §  11. ' 
summons  or  warrant  issued  by  such  court  or  justice  may  \fll\  tll\  ^  ^' 
be  served,  at  the  discretion  of  the  court  or  justice,  by  an  ^^  ^^'  ^^• 
attendance  officer  or  by  any  officer  qualified  to  serve  crim- 
inal process.     On  complaint  against  a  child  for  any  such 
offence,  his  parents,  guardian  or  custodian  shall  be  noti- 
fied as  required  by  section  fifty-five  of  chapter  one  hun- 
dred and  nineteen.     A  child  against  whom  complaint  as 
an  habitual  absentee  is  brought  by  any  other  person  than 
an  attendance  officer  shall  not  be  committed  until  notice 
and  an  opportunity  to  be  heard  have  been  given  to  the 
division  of  juvenile  training  in  the  department  of  public 
welfare, 

ATTENDANCE    OFFICERS. 

Section  12.     Every  school  committee  shall  appoint  and  ^^^^Trs^"'^ 
fix  the  compensation  of  one  or  more  attendance  officers,  Jl^JIglfl 
who  may  be  either  male  or  female,  and  shall  make  regu-  [•  s/48.g^  ^io 
lations  for  their  government.     Such  officers  shall  not  re-  isgs!  496!  §^  33! 
ceive  fees  for  their  services.     The  committees  of  two  or  1912;  552;  71"!. 
more  towns  may  employ  the  same  attendance  officers.         ^^^^-  '^'^^-  ^  ^^■ 

Section  13.     Attendance  officers  shall  inquire  into  all  ^^"^^^1°^^^ 
cases  arising  under  sections  one,  two,  four  to  eleven,  in-  ^^{.^^l^^.  §  2. 
elusive,  and  fifteen  of  chapter  seventy-six,  sections  three,  p.  s.'48.  §  u." 


82 


LAWS  RELATING  TO  EDUCATION.     [Chap.  78. 


1I94'.  498,  §  23.  four,  five  and  eight  of  this  chapter  and  sections  ninety, 
1898, 496  1^34.  ninety-two,  ninety-three  and  ninety-five  of  chapter  one 
1913, 779.  §  12.  hundred  and  forty-nine,  and  may  make  complaints  and 
serve  legal  processes  issued  under  this  chapter.  They 
shall,  if  the  court  so  orders,  have  oversight  of  children 
placed  on  probation  under  section  seven;  of  children  suf- 
fering want  to  whom  sections  forty-nine  to  fifty-one,  m- 
clusive,  of  chapter  one  hundred  and  nineteen  apply;  of 
minors  licensed  by  the  school  committee  under  section 
nineteen  of  chapter  one  hundred  and  one;  and  of  children 
admitted  to  or  attending  shows  or  entertainments  con- 
trary to  section  one  hundred  and  ninety-seven  of  chapter 
one  hundred  and  forty.  They  may  apprehend  and  take 
to  school  without  a  warrant  any  truant  or  absentee  found 
wandering  in  the  street  or  public  places. 

Section  14.  Nothing  contained  in  this  chapter  shall 
affect  chapter  two  hundred  and  two  of  the  acts  of  nine- 
teen hundred  and  eleven  or  chapter  seven  hundred  and 
thirty-eight  of  the  acts  of  nineteen  hundred  and  fourteen 
relative  to  truants,  absentees  and  school  offenders  in 
Boston. 


Chapter  not 
to  affect  cer- 
tain special 
laws. 
1911,  202. 
1914,  738. 


CHAPTER    78. 

LIBRARIES. 


Sect. 

general  provision. 

1.  Existing  corporations. 


6. 


L.VW    LIBRARIES. 

Organization  of  county  law  libraries. 

Use  of  libraries. 

Payments  to  county  law  libraries. 
Treasurer  to  give  bond. 

County  law  libraries  to  receive  legis- 
lative documents. 

Law  libraries  to  receive  certain  docu- 
ments. 


PUBLIC    LIBRARIES. 

7.  Cities  and  towns  may  establish  public 

libraries. 

8.  Publie  libraries  may  lend  books. 

9.  Books  sent  to  public  libraries  may  be 

returned. 


Sect. 

10.  Trustees  of  town  libraries. 

11.  Powers  and  duties  of  trustees. 

12.  Trustees  to  make  report. 

13.  Law  libraries  not  affected  by  three 

preceding  sections. 

BOARD     OF     FREE     PUBLIC     LIBRARY     COM- 
MISSIONERS. 

14.  Annual  report. 

15.  Board   to   advise   officials    of   public 

libraries. 

16.  Purchase  of  books  for  towns  having 

no  public  library. 

17.  Acceptance  of  law  by  towns. 

18.  Limit  of  appropriations  for  libraries 

in  towns. 

19.  Board  may  aid  public  libraries. 

20.  Examination   and   registraticm   of   li- 

brarians. 

21.  Certain    sections    not    applicable    to 

cities. 


Chap.  78.]  LIBRARIES.  83 


GENERAL  PROVJSION. 


Section  1.     Library  corporations  and  associations  which  Existing 
have  been  legally  established  shall   continue  to  have  all  R.'E^s^s.'Ti'. 
the  powers  and  privileges  and  be  subject  to  all  the  duties 
and  restrictions  attaching  thereto. 


LAW   LIBRARIES. 

Section  2.     Attorneys  at  law  who  have  been  admitted  O/ganization 

f      ,  1111°'  county  law 

to  practice  in  the  courts  or  the  commonwealth  and  who  I'^o^q^'  s 
are  resident  in  a  countv  for  which  there  is  no  law  library  isse;  m. 
association  may  organize,  under  chapter  one  hundred  and  p."  s.' 40 '  §  2.' 
eighty,  by  the  name  of  the  Law  Library  Association  for  ^'  ^"  ^^'  ^  ^' 
such  county,  and  may  adopt  by-laws  which  shall  be  sub- 
ject to  the  approval  of  the  superior  court. 

Section  3.     Inhabitants  of  the  county  shall,  subject  to  Use  of 
the  by-laws,  have  access  to  the  library  and  the    books  isizr&i'.  §  2. 
therein.  g.  s.  33,  §  5.  p.  s.  40,  §  5.  r.  l.  38,  §  3. 

Section  4.     County  treasurers   shall   annually  pay  to  Payments  to 
the  law  library  associations  in  their  respective  counties  all  fibraries.*^ 
sums  which  are  paid  into  county  treasuries  during  the  year  Jiv^e^bo^nd.*° 
by  the  clerks  of  the  courts  to  an  amount  not  exceeding  two  cf^l'ls'll' 
thousand  dollars  in  any  year.     They  may  also  pay  to  said  ^^|^'4^o^- 
associations    such   further    sums   as   the    county   commis-  §§  e.  7.' 

.  ,  ,  All  -1    1882,  246. 

sioners  consider  necessary  and  proper.     All  sums  so  paid  1897. 505. 
shall  be  applied  to  maintain  and  enlarge  such  libraries  for  1912;  241. 
the  use  of  the  courts  and  of  citizens.     The  treasurer  of  2^op'  a.°g.  a. 
every  law  library  association,  and  of  every  bar  association 
having  in  charge  a  law  library  supported  in  whole  or  part 
by  the  county,  before  receiving  any  money  from  the  county 
treasurer  shall  give  bond,  with  sureties  to  the  satisfaction 
of  the  county  commissioners,  conditioned  for  the  faithful 
application  of  such  money  and  for  an  annual  return  under 
oath  to  the  county  treasurer  of  the  manner  in  which  it 
has  been  expended,  with  items  of  all  receipts  and  expen- 
ditures and  proper  vouchers  therefor. 

Section  5.     Each  law  library  association  shall  be  enti-  ff^^^g^^^^g'^J' 
tied   to   receive   from   the   sergeant-at-arms,    immediately  receive  legisia- 
after  their   publication,   one  copy  of  the   volume   of  the  ments. 
legislative  documents  of  the  senate  and  house,  the  journal  p.  s.'40,  §  8. 
of  the  senate  and  the  journal  of  the  house.  ^-  ^-  ^^'  ^  ^- 


84 


LAWS  RELATING  TO  EDUCATION.      [Chap.  78. 


t'oTeSve'iw-  Section  6.  All  incorporated  law  libraries  in  the  com- 
19^^209™^'^*^"  monwealth  shall  be  entitled  to  receive  from  the  officers 
charged  with  the  distribution  of  the  same  copies  of  all 
books  and  documents  to  which  the  county  law  libraries 
are  entitled  by  law,  and  one  additional  copy  for  each 
branch  library  maintained  by  them. 


PUBLIC   LIBRARIES. 

fiwnlmay  Section  7.     A  towu  may  establish  and  maintain  public 

libraries^  ^"^''*'  libraries  for  its  inhabitants  under  regulations  prescribed 
1851, 3o'5,  by  the  city  council  or  by  the  town,  and  may  receive,  hold 
and  manage  any  gift,  bequest  or  devise  therefor.  The  city 
council  of  a  city  or  the  selectmen  of  a  town  may  place  in 
such  library  the  books,  reports  and  laws  which  may  be 
received  from  the  commonwealth. 


1,3. 
G.  S.  33, 
§§  8,  9. 
1866,  222. 
1871,  26. 
P.  S.  40, 
§§9-11. 


Public  libraries 
may  lend      , 
books. 
1911,  140. 
1914,  118. 


Books  sent  to 
public  libra- 
ries may  be 
returned. 
1913,  93. 
1919,  350,  §  24. 


Trustees  of 
town  libraries. 

1888,  304, 
§§  1.  2,  5. 

1889,  112. 
R.  L.  38,  §  7. 

Not  applicable 
to  cities.  See 
section  21. 


R.  L.  38,  §  6. 


10  Allen,  169. 


149  Mass.  154. 


Section  8.  Any  free  town  public  library  may  loan  its 
books  or  other  library  material  to  any  other  such  library 
or  to  citizens  of  other  towns  or  non-residents,  under  such 
written  conditions  and  regulations  as  may  be  made  by  the 
board  of  trustees  or  other  authority  having  control  of  the 
library  so  loaning.  Any  town  may  raise  money  to  pay  the 
expenses  of  so  borrowing  books  and  other  library  material 
from  the  library  of  any  other  town. 

Section  9.  If  the  trustees  of  any  town  library  shall 
vote  not  to  keep  or  receive  any  of  the  books  and  reports 
which  the  state  secretary  is  authorized  to  send  thereto,  the 
secretary,  at  the  request  of  the  supervisor  of  public  rec- 
ords, may  discontinue  sending  them.  Any  of  said  books 
and  reports  in  the  custody  of  any  town  library  may  be 
returned  at  its  expense  to  the  state  library,  or,  with  the 
sanction  of  the  board  of  free  public  library  commissioners, 
may  otherwise  be  exchanged  or  disposed  of. 

Section  10.  A  town  which  raises  or  appropriates 
money  for  the  support  of  a  free  public  library,  or  free 
public  library  and  reading  room,  owned  by  the  town,  shall, 
unless  the  same  has  been  acquired  entirely  or  in  part 
through  some  gift  or  bequest  which  contains  other  condi- 
tions or  provisions  for  the  election  of  its  trustees,  or  for  its 
care  and  management,  which  have  been  accepted  by  the 
town,  elect  by  ballot  at  a  meeting  a  board  of  trustees  con- 
sisting of  any  number  of  persons,  male  or  female,  divisible 


Chap.  78.]  LIBRARIES.  85 

by  three,  which  the  town  determines  to  elect.  When  such 
board  is  first  chosen,  one  third  thereof  shall  be  elected  for 
one  year,  one  third  for  two  years  and  one  third  for  three 
years,  and  thereafter  one  third  shall  be  elected  annually 
for  a  term  of  three  years.  The  board  shall,  from  its  own 
number,  annually  choose  a  chairman  and  secretary  and,  if 
the  town  so  votes,  a  treasurer,  who  shall  give  a  bond 
similar  to  that  given  by  the  town  treasurer,  in  an  amount 
and  with  sureties  to  the  satisfaction  of  the  selectmen. 
Until  the  town  otherwise  directs  the  town  treasurer  shall 
act  as  treasurer  of  the  board  of  trustees. 

Section  11.     The   board   shall   have  the   custody   and  dXIs^of"*^ 
management  of  the  library  and  reading  room  and  of  all  trustees. 
property  owned  by  the  town  relating  thereto.     All  money  R.  l!  38,  §  8. ' 
raised  or  appropriated  by  the  town  for  its  support  and  Not  applicable 
maintenance    shall    be    expended    by   the    board,    and    all  section  2i. 
money  or  property  which  the  town  may  receive  by  gift  or 
bequest  for  said  library  and  reading  room  shall  be  adminis- 
tered by  the  board  in  accordance  with  the  provisions  of 
such  gift  or  bequest. 

Section  12.     The   board  shall  make  an  annual  report  Trustees  to 
to  the  town  of  its  receipts  and  expenditures  and  of  the  i888!304?§"6. 
propertv  in  its  custody,  with  a  statement  of  any  unex-  ^'  ^'  ^^'    ^' 

,     ,'^  ,     ^  J?  IP  •i>j_  1  ^      Not  applicable 

pended   balance  oi  money  and  or  any  giits  or   bequests  to  cities,   see 
which  it  holds  in  behalf  of  the  town,  with  its  recommenda-  ^^"^'"'^    • 
tions. 

Section  13.     The    three    preceding    sections    shall    not  ^^^3^''!"^% 
apply  to  librarv  associations,  nor  to  a  library  organized  three  preced- 

,  .    , '        ,  ing  sections. 

under  a  special  act.  1888, 304,  §  7.  r.  l.  38,  §  10. 

BOARD   OF   FREE   PUBLIC   LIBRARY   COMMISSIONERS. 

Section  14.  The  commissioner  of  education  shall  make  Annual  report. 
an  annual  report  of  the  acts  of  the  board  of  free  public  r.  l.'  38,  §  12! 
library  commissioners,  including  therein  a  full  detail  of  ex-  1910;  soe!  §  2. 
penditures  under  section  nineteen. 

1913,  316.  1914,  373,  §  1.  1918,  189. 

Section  15.     The  board  of  free  public  library  commis-  Board  to 
sioners  shall  advise  the  librarian  or  trustees  of  any  free  ^f pubUc®'"'*'^ 
public  library  relative  to  the  selection  or  cataloguing  of  \'^^g"||-7  §  2. 
books  and  any  other  matter  pertaining  to  its  maintenance  R  l.  38.  §  13. 
or  administration. 

Section  16.     Said  board,  upon  the  application  of  the  ^^^^^f^«/^ 
librarv  trustees  of  a  town  which  has  complied  with  sections  towns  having 


86 


LAWS  RELATING  TO  EDUCATION.      [Chap.  78. 


no  public 
library. 
1890,  347.  §  3. 
R.  L.  38,  §  14. 

Not  applicable 
to  cities.  See 
section  21. 


Acceptance  of 
law  by  towns. 
1890,  344,  §  4. 
R.  L.  38,  §  16. 

Not  applicable 
to  cities.  See 
section  21. 


Limit  of  ap- 
propriations 
for  libraries 
in  towns. 
1890,  347,  §  5. 
R.  L.  38,  §  17. 

Not  applicable 
to  cities.  See 
section  21. 


Board  may  aid 
public  libraries, 
1892,  255. 
1900,  233. 
R.  L.  38,  §  15. 
1906,  183. 

1913,  316. 

1914,  373,  §  1. 


Examination 
and  registra- 
tion of 
librarians. 
1915,  106. 


seventeen  and  eighteen,  and  which'  has  no  free  public 
Hbrary  owned  and  controlled  by  the  town,  may  expend 
not  more  than  one  hundred  dollars  for  books  to  be 
selected  and  purchased  by  said  board  and  delivered  to 
said  trustees  for  the  purpose  of  establishing  a  free  public 
library. 

Section  17.  A  town  shall  not  be  entitled  to  the  bene- 
fits of  the  two  preceding  sections  until  it  accepts  the  same 
or  has  accepted  corresponding  provisions  of  earlier  laws 
and  has  elected  a  board  of  library  trustees  as  provided  in 
section  ten,  nor  until  said  trustees  have  made  provision 
satisfactory  to  said  commissioners  for  the  care  and  distri- 
bution of  the  books  furnished  by  them. 

Section  18.  Such  town  shall,  if  its  last  assessed  valua- 
tion was  one  million  dollars  or  over,  annually  appropriate 
from  the  dog  tax,  or  otherwise  provide  for  the  use  and 
maintenance  of  its  free  public  library,  not  less  than  fifty 
dollars;  if  such  valuation  was  less  than  one  million  dollars 
and  not  less  than  two  hundred  and  fifty  thousand,  not 
less  than  twenty-five  dollars;  and  if  such  valuation  was 
•less  than  two  hundred  and  fifty  thousand  dollars,  not  less 
than  fifteen  dollars. 

Section  19.  The  board  of  free  public  library  commis- 
sioners may  annually  expend  a  sum  not  exceeding  ten 
thousand  dollars  in  aid  of  free  public  libraries,  especially 
in  those  towns  the  valuation  of  which  does  not  exceed  one 
million  dollars.  Such  aid  may  include  the  furnishing  of 
books  in  small  quantities,  visits  to  libraries,  the  instruction 
of  librarians,  and  such  other  means  of  encouraging  and 
stimulating  the  small  libraries  as  said  board  shall  deem  ad- 
visable. 

Section  20.  The  board  may  determine  by  examination 
or  by  such  rules  as  it  may  establish  the  selection  and  ap- 
pointment of  supervising  librarians  and  all  other  library 
workers  who  are  paid  wholly  or  in  part,  under  the  au- 
thority of  said  board,  by  the  commonwealth.  Such  selec- 
tion and  appointment  shall  not  be  subject  to  chapter 
thirty-one. 

In  order  to  assist  library  trustees  who  seek  advice  from 
the  board  in  securing  qualified  librarians  and  assistants, 
the  board  shall  keep  a  registry  of  librarians  which  shall 
give  due  credit  for  experience  and  successful  accomplish- 
ment as  well  as  for  formal  examination. 


Chap.  32.]      RETIREMENT  SYSTEM,  PENSIONS. 


87 


cities. 


Section  21.     Sections  ten  to  twelve,  inclusive,  and  sec-  Certain  sec- 
tions  sixteen   to   eighteen,    inclusive,    shall   not   apply   to  appUcabieto 
cities. 

Referbnce.s. 
In  General. 

Defacement  of  books,  penalty  for,  Chap.  266,  §  99. 
District  libraries,  establishment  of,  Chap.  40,  §  44. 
Disturbance  of  person  in,  Chap.  272,  §  41. 
Incorporation  of,  Chap.  180,  §  2. 
Public  documents,  to  have,  Chap.  5,  §§3,  4. 

City  and  Town  Libraries. 
Appropriations  for,  authorized.  Chap.  40,  §  5,  cl.  18. 
Appropriations  for,  from  dog  tax.  Chap.  140,  §  172. 


CHAPTER    32. 


RETIREMENT   SYSTEMS  AND  PENSIONS. 


Sect. 

retirement  system  for  teachers. 

6.  Definitions. 

7.  Teachers'  retirement  association. 

8.  Certain     duties     of     the     retirement 

board. 

9.  Funds  of  retirement  system. 

10.  Retiring  allowances. 

11.  Same  subject. 

12.  Duties  of  school  committees. 

13.  Trustees  of  certain  .schools. 

14.  Treasurers  of  cities  and  towns,  duties 

of. 

15.  Membership     in     other     retirement 

associations. 

16.  Reimbursement  of  cities  and  towns. 

17.  Referendum  and  repeal. 

18.  Certain    sections    not    applicable    to 

Boston. 

19.  Persons     employed     in     the     public 

schools  and  also  by   the  common- 
wealth. 

GENERAL    PROVISIONS. 

32.  Certificates  of  membership. 

33.  Payments     to     estates     of     deceased 

members. 


Sect. 

35.  Violations   of  state   or  teachers'   re- 
tirement law  or  rules. 

37.  Taxation,    attachments    and    assign- 

ments. 

38.  Jurisdiction  of  superior  court. 


MUNICIPAL   PENSIONS    FOR   TEACHERS. 

42.  Municipal  pensions  for  teachers. 

43.  Same  subject. 


MUNICIPAL      PENSIONS      FOR      SCHOOL 
JANITORS. 

44.  Municipal   pensions   for  school   jani- 

tors. 

45.  Same  subject. 


MISCELL.\.NBOUS    PROVISIONS. 

90.  Pensioners  not  to  be  paid  for  services. 

91.  No  interest  in  a  pension  to  be  pledged, 

etc. 


RETIREMENT   SYSTEM    FOR   TEACHERS. 

Section  6.     In   sections   seven   to   nineteen,    inclusive.  Definitions 
unless  the  context  otherwise  requires,  the  following  words  igie",  25/, 
shall  have  the  following  meanings: 


1. 
1. 

1917,  233,  §  1. 


88  LAWS  RELATING  TO  EDUCATION.     [Chap.  32. 

"Annuities",  payments  for  life  derived  from  contribu- 
tions of  members; 

"Annuities-certain",  payments  for  a  definite  number  of 
years  only,  derived  from  contributions  of  members,  and 
the  number  of  years  during  which  payments  shall  be  made 
shall  be  determined  by  the  retirement  board; 

"Annuity  fund",  the  fund  provided  in  section  nine  (2); 

"Assessments",  the  annual  payments  to  the  annuity 
fund  by  members; 

"Association",  the  teachers'  retirement  association  pro- 
vided in  section  seven; 

"Board",  the  teachers'  retirement  board  specified  in 
section  eight; 

"Expense  fund",  the  fund  provided  in  section  nine  (1); 

"Pensions",  payments  for  life,  derived  from  contribu- 
tions of  the  commonwealth; 

"Pension  fund",  the  fund  provided  in  section  nine  (3); 

"Public  school",  any  day  school  conducted  in  the  com- 
monwealth under  the  superintendence  of  a  duly  elected 
school  committee,  also  any  daj-^  school  conducted  under 
sections  one  to  twenty-four,  inclusive,  of  chapter  seventy- 
four  ; 

"Regular  interest",  interest  at  the  rate  determined  by 
the  retirement  board,  which  shall  be  substantially  that 
which  is  actually  earned  compounded  annually  on  the  last 
day  of  December; 

"Retirement  system"  or  "system",  the  arrangement 
provided  for  payment  of  annuities  and  pensions  to  teachers; 

"School  year",  the  twelve  months  beginning  July  first 
in  any  year  and  ending  June  thirtieth  next; 
sjOp.A. G.  "Teacher",  any  teacher,  principal,  supervisor  or  super- 

intendent employed  by  a  school  committee  or  board  of 
trustees  in  a  public  day  school  in  the  commonwealth. 
Teachers'  Section  7.     There  shall  be  a  teachers'  retirement  as- 

retirement  .       .  .        ,  „     , 

association.       sociation  Organized  as  loliows: 

1914!  494;     ■        (1)  All  persons  now  members  of  the  teachers' retirement 

1916, 54,  §  1.     association  established  on  July  first,  nineteen  hundred  and 

op.\^a  ^  ^^'  fourteen,  shall  be  members  thereof. 

(1918)  81.  (2)  All  teachers   hereafter  entering  the   service  of  the 

public  schools  for  the  first  time  shall  thereby  become  mem- 
bers of  the  association. 

(3)  Any  teacher  who  entered  the  service  of  the  public 
schools  before  July  first,  nineteen  hundred  and  fourteen, 
who  has  not  become  a  member  of  the  association,  may 


Chap.  32.]    RETIREMENT  SYSTEM,  PENSIONS.  89 

hereafter,  before  attaining  the  age  of  seventy,  upon  written 
appHcation  to  the  board,  become  a  member  of  the  associa- 
tion by  paying  an  amount  equal  to  the  total  assessments, 
together  with  regular  interest  thereon,  which  he  would 
have  paid  if  he  had  joined  the  association  on  September 
thirtieth,  nineteen  hundred  and  fourteen. 

(4)  Teachers  in  training  schools  maintained  and  con- 
trolled by  the  department  of  education  shall  be  considered 
as  public  school  teachers  under  sections  seven  to  nineteen,  * 
inclusive,  and  such  a  teacher  upon  becoming  a  member  of 
the  association  shall  thereafter  pay  assessments  based 
upon  his  total  salary  including  the  part  paid  by  the  com- 
monwealth; provided,  that  the  total  assessments  shall  not 
exceed  one  hundred  dollars  in  any  year.  Such  assessments 
shall  be  deducted  in  accordance  with  rules  prescribed  by 
the  board.  This  paragraph  shall  not  apply  to  teachers 
regularly  employed  in  the  normal  schools  and  therefore 
subject  to  sections  one  to  five,  inclusive,  although  they 
devote  a  part  of  their  time  to  training  school  work. 

Section  8.     (1)  The  retirement  system  shall  be  man-  Certain  duties 
aged  by  the  teachers'  retirement  board  provided  in  sec-  ment  board. 
tion  sixteen  of  chapter  fifteen.  HIq,  350.  §  e'l. 

(2)  The  board  may  make  by-laws  and  regulations  con- 
sistent with  law. 

(3)  The  board  shall  provide  for  the  payment  of  retire- 
ment allowances  and  the  other  expenditures  required  by 
sections  seven  to  nineteen,  inclusive. 

(4)  The  board  shall  adopt  for  the  retirement  system  one 
or  more  mortalitv  tables,  and  shall  determine  what  rates  of 
interest  shall  be  established  in  connection  therewith,  and 
may  later  modify  such  tables  or  prescribe  other  tables  to 
represent  more  accurately  the  expense  of  the  system,  or 
may  change  such  rates  of  interest,  and  may  determine  the 
application  of  the  changes  made. 

(5)  The  board  shall  perform  such  other  functions  as  are 
required  to  comply  with  sections  seven  to  nineteen,  inclu- 
sive. 

Funds  of  Retirement  System. 
Section  9.     The  funds  of  the  system  shall  consist  of  an  Funds  of  retire- 

a        1  •iPi'^i  '  t       J  ment  system. 

expense  fund,  an  annuity  fund  and  a  pension  lund.  1913. 832,  §  5. 

(1)  The  expense  fund  shall  consist  of  such  amounts  as  llHiS 
shall  annually  be  appropriated  by  the  general  court,  on  fl/g^^^  "^• 
estimates  submitted  by  the  board,  to  defray  the  expenses  1920:2. 


90  LAWS  RELATING  TO  EDUCATION.     [Chap.  32. 

of  administration,  exclusive  of  the  payment  of  retirement 
allowances, 

(2)  The  annuity  fund  shall  consist  of  assessments  paid 
by  members  and  interest  derived  from  investments  of  the 
annuity  fund.  Each  member  shall  pay  into  the  annuity 
fund,  by  deduction  from  his  salary  in  the  manner  provided 
in  section  twelve  (5),  such  assessments  upon  his  salary  as 
may  be  determined  by  the  board.  The  rate  of  assessment 
shall  be  established  by  the  board  on  the  first  day  of  July 
of  each  year  after  a  prior  notice  of  at  least  three  months, 
and  shall  at  any  given  time  be  uniform  for  all  members 
of  the  association,  and  shall  not  be  less  than  three  nor 
more  than  seven  per  cent  of  the  member's  salary;  pro- 
vided, that  when  the  total  sum  of  assessments  on  the 
salary  of  any  member  at  the  rate  established  by  the  board 
would  amount  to  more  than  one  hundred  dollars  or  less 
than  thirty-five  dollars  for  a  full  school  year,  such  member 
shall  in  lieu  of  assessments  at  the  regular  rate  be  assessed 
at  the  rate  of  one  hundred  dollars  a  year  or  thirty-five 
dollars  a  year,  payable  in  equal  instalments,  to  be  assessed 
for  the  number  of  months  during  which  the  schools  of  the 
community  in  which  such  member  is  employed  are  com- 
monly in  session.  Any  member  who  shall  for  thirty  years 
have  paid  regular  assessments  to  the  annuity  fund  shall 
be  exempt  from  further  assessments;  but  such  member 
may  thereafter,  if  he  so  elects,  continue  to  pay  his  assess- 
ments to  the  fund.  No  member,  however,  shall  pay  fur- 
ther assessments  after  the  total  sum  of  assessments  paid 
by  him  shall  have  amounted,  with  regular  interest,  to  a 
sum  sufficient  to  purchase  under  section  ten  (3)  (a)  an 
annuity  of  five  hundred  dollars  at  age  sixty,  and  interest 
thereafter  accruing  shall  bo  paid  to  the  member  on  his 
retirement. 

(3)  The  pension  fund  shall  consist  of  such  amounts  as 
shall  be  appropriated  by  the  general  court  from  time  to 
time,  on  estimates  submitted  by  the  board,  for  the  pur- 
pose of  paying  pensions  to  teachers. 

(4)  Members  of  the  state  retirement  association,  pro- 
vided in  section  two,  who  enter  the  service  of  the  public 
schools  shall  have  the  full  amount  of  their  contributions, 
together  with  such  interest  as  shall  have  been  earned 
thereon,  transferred  by  the  state  treasurer  to  the  annuity 
fund  established  by  paragraph  (2)  of  this  section,  and  these 
amounts  shall  thereby  become  a  part  of  their  assessments. 


Chap.  32.]    RETIREMENT  SYSTEM,  PENSIONS.  91 

Retiring  Allowances. 

Section  10.     (1)  Any  member  of  the  association  shall,  ^ifo^^°^j,eg 
■on  written  application  to  the  board,  be  retired  from  serv-  i9i3. 832.  s  6. 

•     •  1915   197   s  2 

ice  in  the  public  schools  on  attaining  the  age  of  sixty,  or  laie;  257;  1 2. 
at  any  time  thereafter.    If  in  the  opinion  of  the  employing  lois!  257; 
school  committee  any  member  who  has  attained  said  age  iliV.^s.^^^* 
is  incapable  of  rendering  satisfactory  service  as  a  teacher,  Hl'^'  ^''  ^^• 
he  may,  with  the  approval  of  the  board,  be  retired  by  such 
committee.     If  he  is  not  employed  by  a  school  committee, 
lie  may  be  so  retired  by  his  employer. 

(2)  Any  member,  on  attaining  the  age  of  seventy,  shall 
be  retired  from  service  in  the  public  schools  at  the  end  of 
the  school  year  in  which  said  age  is  attained,  but  any 
member  attaining  that  age  in  July,  August  or  September 
shall  then  be  retired. 

(3)  A  member,  after  his  retirement  under  paragraph  (1) 
or  (2)  of  this  section,  shall  be  entitled  to  receive  from  the 
annuity  fund,  as  he  shall  elect  at  the  time  of  his  retire- 
ment, on  the  basis  of  tables  adopted  by  the  board:  (a) 
an  annuity,  payable  in  quarterly  payments,  to  which  the 
sum  of  his  assessments  under  section  nine  (2),  with  regular 
interest  thereon,  shall  entitle  him ;  or  (b)  an  annuity  of  less 
amount,  as  determined  by  the  board  for  the  annuitants 
electing  such  option,  payable  in  quarterly  payments,  with 
the  provision  that  if  the  annuitant  dies  before  receiving 
annuity  payments  equal  to  the  amount  used  to  purchase 
the  annuity,  the  difference  shall  be  paid  to  his  estate. 

(4)  Any  member  receiving  payments  of  an  annuity  as 
provided  in  paragraph  (3)  of  this  section,  if  not  rendered 
ineligible  therefor  by  section  fifteen,  'shall  receive  with 
each  quarterly  payment  of  his  annuity  an  amount  from 
the  pension  fund,  as  directed  by  the  board,  equal  to  the 
quarterly  annuity  payment  to  which  he  would  be  entitled 
if  his  annuity  were  figured  under  clause  (a)  of  paragraph 
(3)  of  this  section. 

(5)  Any  member  who  served  as  a  regular  teacher  in  the 
public  schools  prior  to  July  first,  nineteen  hundred  and 
fourteen,  and  who  has  served  fifteen  years  or  more  in  the 
public  schools,  not  less  than  five  of  which  shall  immedi- 
ately precede  retirement,  on  retiring  as  provided  in  para- 
graph (1)  or  (2)  of  this  section,  shall  be  entitled  to  receive 
a  retirement  allowance  as  follows:  (a)  such  annuity  and 
pension  as  may  be  due  under  paragraphs  (3)  and  (4)  of 


92  LAWS  RELATING  TO  EDUCATION.     [Chap.  32. 

this  section;  (6)  an  additional  pension  to  such  an  amount 
that  the  sum  of  this  additional  pension  and  the  pension 
provided  in  paragraph  (4)  of  this  section  shall  equal  the 
pension  to  which  he  would  have  been  entitled  under  sec- 
tions seven  to  nineteen,  inclusive,  if  he  had  paid  thirty 
assessments  based  on  his  average  yearly  rate  of  salary  for 
the  five  years  immediately  preceding  his  retirement,  at  the 
rate  of  assessment  in  effect  at  that  time,  and  his  account 
had  been  annually  credited  with  interest  at  the  rate  of 
four  per  cent  per  annum;  provided,  that  if  his  term  of 
service  in  the  commonwealth  shall  have  been  over  thirty 
years,  the  thirty  assessments,  with  interest  as  provided 
above,  shall  be  credited  with  interest  at  the  rate  of  four 
per  cent,  compounded  annually  for  each  year  of  service  in 
excess  of  thirty;  but  the  assumed  accumulation  of  assess- 
ments with  interest  under  this  paragraph  shall  not  exceed 
the  amount  which  at  the  age  of  sixty  and  in  accordance 
with  clause  (a)  of  paragraph  (3)  of  this  section  will  pur- 
chase an  annuity  of  five  hundred  dollars,  and  the  minimum 
pension  shall  be  of  such  an  amount  that  the  annual  pension, 
plus  the  annual  amount  which  would  have  been  paid  from 
the  annuity  fund  if  the  member  had  chosen  an  annuity 
computed  under  clause  (3)  (a)  of  this  section,  shall  be  four 
hundred  dollars.  If  a  member  is  at  any  time  eligible  to 
retire  and  receive  a  pension  computed  under  this  para- 
graph, he  shall  receive  upon  retirement  a  pension  computed 
hereunder  without  the  necessity  of  five  years  of  continuous 
service  preceding  retirement. 

(6)  If  at  any  time  it  is  impossible  or  impracticable  to 
consult  the  original  records  as  to  wages  received  by  a 
member  during  any  period,  the  board  shall  determine  the 
pension  to  be  paid  under  clause  (b)  of  paragraph  (5)  of 
this  section  in  accordance  with  the  evidence  it  may  be  able 
to  obtain. 

(7)  In  determining  the  retiring  allowance  of  a  member 
of  the  association  who  was  regularly  employed  by  the 
commonwealth  prior  to  June  first,  nineteen  hundred  and 
twelve,  or  as  a  teacher  in  the  public  schools  prior  to  July 
first,  nineteen  hundred  and  fourteen,  credit  shall  be  given 
in  the  manner  provided  for  by  paragraph  (5)  of  this  sec- 
tion for  all  periods  of  employment  by  the  commonwealth 
and  of  service  as  a  teacher  in  the  public  schools,  if  such 
service  is  fifteen  years  or  more,  not  less  than  five  of  which 
shall  immediately  precede  retirement;    provided,  that  this 


Chap.  32.]      RETIREMENT  SYSTEM,  PENSIONS.  93 

paragraph  shall  not  apply  to  any  person  who  had  the 
option  of  joining  the  state  retirement  association  and  did 
not  become  a  member  thereof.  Such  rules  as  the  board 
may  adopt  under  paragraph  (3)  of  section  eleven  shall 
apply  to  a  person  becoming  a  member  thereof  after  July 
first,  nineteen  hundred  and  twenty,  who  shall  have  with- 
drawn any  sum  from  the  state  retirement  association. 

(8)  Any  member  of  the  association  whose  employment 
by  the  commonwealth  and  service  in  the  public  schools 
amount  to  twenty  or  more  years,  the  last  five  years  of 
which  are  consecutive,  and  who,  before  attaining  the  age 
of  sixty,  becomes  permanently  incapable  of  rendering  satis- 
factory service  as  a  teacher  by  reason  of  physical  or  mental 
disability,  may,  with  the  approval  of  the  board,  be  re- 
tired by  the  employing  school  committee  or  other  em- 
ployer as  provided  in  paragraph  (1). 

(9)  Any  member  shall,  upon  retirement  under  the  pre- 
ceding paragraph,  and  during  the  continuance  of  disability, 
be  entitled  to  receive  from  the  annuity  fund,  in  quarterly 
payments,  a  sum  computed  in  accordance  with  paragraph 
(3)  of  this  section;  provided,  that  upon  the  approval  of 
the  board,  an  annuity-certain  based  upon  the  tables  of 
the  board  may  be  substituted  for  either  of  the  plans  pro- 
vided for  in  said  paragraph;  and  in  case  of  the  death  of 
the  annuitant  before  all  the  instalments  thereon  have  been 
paid,  the  value  at  that  time  of  the  unpaid  instalments,  as 
determined  on  the  basis  of  the  tables  adopted  by  the 
board,  shall  be  paid  to  his  estate. 

(10)  Any  member  receiving  a  payment  under  the  pre- 
ceding paragraph  shall,  if  not  rendered  ineligible  therefor 
by  section  fifteen,  receive  from  the  pension  fund  for  each 
year  of  service  a  pension  equal  to  one  thirtieth  of  the 
pension  which  would  have  been  due  him  if  he  had  retired 
at  the  age  of  sixty,  having  paid  thirty  annual  assessments 
to  the  annuity  fund,  and  received  an  annuity  computed  in 
accordance  with  clause  (a)  of  paragraph  (3)  of  this  sec- 
tion; provided,  that  the  minimum  annual  amount  to  be 
paid  from  the  pension  fund  shall  be  such  that  a  member 
shall  receive  from  this  fund,  for  each  year  of  his  service, 
one  thirtieth  of  two  hundred  and  fifty  dollars;  and  pro- 
vided, further,  that  the  total  retiring  allowance  shall  not 
be  greater  than  the  amount  which  the  said  member  would 
receive  if  he  were  to  continue  in  service  until  the  age  of 
sixty,  contributing  annual  assessments  based  on  his  average 


94  LAWS  RELATING  TO  EDUCATION.     [Chap.  32. 

yearly  rate  of  salary  for  the  five  years  immediately  pre- 
ceding retirement,  at  the  rate  of  assessment  in  effect  at 
that  time. 

(11)  If  a  member  is  granted  an  annuity-certain  by  the 
board,  his  total  retiring  allowance  shall  not  be  limited  to 
the  total  retiring  allowance  which  he  would  have  received 
at  the  age  of  sixty,  as  provided  in  the  preceding  para- 
graph, but  the  amount  to  be  paid  from  the  pension  fund 
shall  be  the  amount  which  would  have  been  paid  from  that 
fund  if  an  annuity-certain  had  not  been  granted. 

(12)  In  computing  the  amount  to  be  paid  from  the 
pension  fund  under  paragraph  (10)  of  this  section,  the 
assumed  assessments  necessary  to  complete  the  thirty 
annual  assessments  shall  be  based  on  the  average  yearly 
rate  of  salary  for  the  five  years  immediately  preceding  re- 
tirement, and  shall  be  at  the  rate  of  assessment  in  effect 
at  that  time.  Interest  on  the  amount  to  the  member's 
credit  on  his  retirement  and  on  the  assumed  assessments 
shall  be  figured  at  the  rate  of  four  per  cent. 

(13)  No  member  shall  be  retired  under  paragraph  (8) 
of  this  section  until  the  fact  of  his  disability  has  been 
certified  to  on  oath  by  an  examining  physician  selected  by 
the  employing  school  committee  or  other  employer  as  pro- 
vided in  paragraph  (1)  and  approved  by  the  board,  and 
until  any  further  evidence  of  his  disability  which  the  board 
may  require  shall  have  been  furnished. 

(14)  At  intervals  of  not  less  than  one  year,  any  mem- 
ber receiving  a  retiring  allowance  under  this  section,  who 
has  not  attained  the  age  of  sixty,  shall,  if  so  requested  by 
the  board,  be  re-examined  by  a  physician  selected  by  it. 
If  the  board  finds  that  disability  which  prevents  satis- 
factory service  as  a  teacher  no  longer  exists,  the  retiring 
allowance  shall  cease.  Refusal  to  submit  to  re-examina- 
tion shall  be  cause  for  discontinuing  the  retiring  allowance. 

(15)  If  a  teacher  ceases  to  receive  a  retiring  allowance 
under  the  preceding  paragraph,  the  amount  then  to  his 
credit  in  the  annuity  fund  shall  be  determined  on  the  basis 
of  tables  adopted  by  the  board,  and  the  said  amount  shall 
be  considered  to  constitute  the  sum  of  his  assessments, 
with  the  regular  interest  allowed  thereon,  to  the  time  when 
his  retiring  allowance  ceased. 

(16)  Any  member  who  shall  cease  to  receive  a  retiring 
allowance  under  paragraph  (14)  of  this  section,  who  does 
not  re-enter  public  school  service,  and  who  does  not  with- 


Chap.  32.]      RETIREMENT  SYSTEM,  PENSIONS.  95 

draw  the  amount  to  his  credit  in  the  annuity  fund,  may, 
upon  attaining  the  age  of  sixty,  receive  a  retiring  allow- 
ance computed  in  accordance  with  paragraphs  (3)  and  (4) 
of  this  section,  or  may,  before  attaining  the  age  of  sixty, 
under  conditions  to  be  determined  by  the  board,  upon 
request  and  after  an  interval  of  one  year,  be  entitled  to 
further  re-examination  by  a  physician  selected  by  it,  and, 
if  disability  contracted  during  service  as  a  public  school 
teacher  is  found  to  exist,  shall  again  be  entitled  to  receive 
a  retiring  allowance  under  paragraphs  (9)  and  (10)  of  this 
section. 

(17)  In  determining  the  average  salary  under  para- 
graphs (5),  (10)  and  (12)  of  this  section,  the  yearly  rate 
which  the  teacher  would  have  received  had  he  been  in 
service  shall  be  used  for  periods  of  sickness  or  leave  of 
absence. 

(18)  Periods  of  leave  of  absence  or  sickness  of  one 
month  or  more  shall  not  be  considered  as  part  of  the  five 
years  of  service  immediately  preceding  retirement  required 
under  paragraphs  (5),  (7)  and  (8)  of  this  section,  but, 
subject  to  the  approval  of  the  board,  such  periods  of  ab- 
sence or  sickness  shall  not  be  considered  as  breaking  the 
continuity  of  service. 

Wifhdrau'al  and  Reinstatement. 

Section  11.     (1)  Any   member   withdrawing   from   the  same  subject. 
public  school   service   before   becoming  eligible  to  retire-  1915;  isi;  §  3. 
ment,  except  for  the  purpose  of  entering  the  service  of  the  §§\^,'2:°' 
commonwealth,  and  any  member  who  becomes  subject  to  1919^292,  §  19. 
chapter  two  hundred  and  thirty-seven  of  the  acts  of  nine-  ^^^o,  50.  §  4. 
teen  hundred  and  chapter  five  hundred  and  eighty-nine  of 
the  acts  of  nineteen  hundred  and  eight  as  amended  shall 
be  entitled  to  receive  from  the  annuity  fund  all  amounts 
contributed  as  assessments,  together  with  regular  interest 
thereon,  either  in  one  sum  or,  at  the  election  of  the  board, 
in  four  quarterly  payments.     If  a  member  dies  before  re- 
ceiving all  his  quarterly  payments  the  balance  thereof  shall 
be  paid  to  his  estate. 

(2)  Any  member  thus  withdrawing,  after  having  paid 
ten  annual  assessments,  may  receive,  at  his  election  and  in 
lieu  of  payments  under  paragraph  (1)  of  this  section,  an 
annuity  for  life,  as  determined  by  the  board,  of  such 
amount  as  the  sum  of  his  assessments  under  section  nine, 


96 


LAWS  RELATING  TO  EDUCATION.      [Chap.  32. 


paragraph  (2),  with  regular  interest  thereon,  shall  entitle 
him  to  receive,  with  the  provision  that  if  he  dies  before 
receiving  payments  equal  to  the  amount  used  to  purchase 
the  annuity  the  difference  shall  be  paid  to  his  estate. 

(3)  Any  member  after  having  withdrawn  from  the 
public  school  service  shall,  on  being  re-employed  in  such 
service,  be  reinstated  as  a  member  in  accordance  with 
such  rules  for  reinstatement  as  the  board  shall  adopt. 

(4)  If  a  member  who  is  not  receiving  payments  under 
paragraph  (1)  or  (2)  of  this  section  dies  before  retirement, 
the  full  amount  of  his  assessments,  with  regular  interest 
thereon,  shall  be  paid  to  his  estate. 


Duties  of 
school  com- 
mittees. 
1913,  832,  §  9. 


Trustees  of 
certain  schools. 
1913.  832,  §  10. 


Duties  of  School  Committees. 

Section  12.  (1)  Any  school  committee,  before  em- 
ploying a  teacher  to  whom  sections  seven  to  nineteen,  in- 
clusive, apply,  shall  notify  him  of  his  duties  and  obliga- 
tions under  said  sections. 

(2)  Annually  on  or  before  October  first  school  com- 
mittees shall  certify  to  the  board  the  names  of  all  teachers 
to  whom  said  sections  apply. 

(3)  School  committees  shall,  on  the  first  day  of  each 
month,  notify  the  board  of  the  employment  of  new 
teachers,  removals,  withdrawals  or  changes  in  salaries  oc- 
curring during  the  month  preceding. 

(4)  Under  the  direction  of  the  board,  school  committees 
shall  furnish  such  other  information  as  the  board  may  re- 
quire relevant  to  the  discharge  of  the  duties  of  the  board. 

(5)  The  school  committee  of  each  town  shall,  as  directed 
by  the  board,  deduct  from  the  amount  of  the  salary  due 
each  teacher  employed  in  the  public  schools  of  such  town 
such  amounts  as  are  due  as  contributions  to  the  annuity 
fund  as  prescribed  in  section  nine,  shall  send  to  the  treas- 
urer of  said  town  a  statement  as  voucher  for  such  deduc- 
tions, and  shall  send  a  duplicate  statement  to  the  secretary 
of  the  board. 

(6)  School  committees  shall  keep  such  records  as  the 
board  may  require. 

Section  13.  The  boards  of  trustees  of  schools  con- 
ducted under  sections  one  to  twenty-four,  inclusive,  of 
chapter  seventy-four  shall  perform  all  the  duties  prescribed 
for  school  committees  under  section  twelve. 


Chap.  32.]    RETIREMENT   SYSTEM,  PENSIONS.  97 

Custody  and  Investment  of  Funds. 

Section  14.     (1)  The  treasurer  of  each  town,   on  re-  Treasurers  of 
ceipt  from  the  school  committee  or  board  of  trustees  of  townsfduties 
the  voucher  for  deductions  from  the  teachers'  salaries  pro-  19*13, 832,  §  11. 
vided  for  in  section  twelve,   shall  transmit  monthly  the 
amounts  specified  in  such  voucher  to  the  secretary  of  the 
board. 

(2)  The  secretary  of  the  board  shall  monthly  pay  to  the 
state  treasurer  all  sums  received  under  the  preceding  para- 
graph. 

(3)  All  funds  of  the  system  shall  be  in  the  custody  of 
the  state  treasurer,  and  he  shall,  in  accordance  with  the 
laws  governing  the  investment  of  sinking  funds,  invest  and 
reinvest  such  funds  as  are  not  required  for  current  dis- 
bursements. 

(4)  The  state  treasurer  shall  make  such  payments  to 
members  from  the  annuity  fund  and  pension  fund  as  the 
board  shall  order  to  be  paid,  in  accordance  with  sections 
ten  and  eleven. 

(5)  On  or  before  the  third  Wednesday  in  January,  the 
state  treasurer  shall  file  with  the  commissioner  of  insurance 
and  with  the  secretary  of  the  board  a  sworn  statement 
exhibiting  the  financial  condition  of  the  system  on  Decem- 
ber thirty-first  preceding  and  its  financial  transactions  for 
the  year  ending  thereon.  Such  statement  shall  be  in  the 
form  prescribed  by  the  board  and  approved  by  the  com- 
missioner of  insurance. 

Membership  in  other  Retirement  Associations. 
Section  15.     (1)  No  person  required  to  become  a  mem-  Membership 

•      •  1      11  •    •  -J.!        1-  Ci.         e  in  other 

ber  of  the  association  shall  participate  in  the  beneiits  01  retirement 
any  other  teachers'  retirement  system,  supported  in  whole  igiai'saf,  §  12. 
or  in  part  by  funds  raised  by  taxation,  or  be  entitled  to  a  ^^^o)  les. 
pension  under  section  forty-three  or  chapter  five  hundred 
and  eighty-nine  of  the  acts  of  nineteen  hundred  and  eight, 
as  amended  by  chapter  six  hundred  and  seventeen  of  the 
acts  of  nineteen  hundred  and  ten. 

(2)  No  member  shall  receive  any  pension  under  section 
ten  who  is  at  the  time  in  receipt  of  a  pension  paid  from 
funds  raised  in  whole  or  in  part  from  taxation,  under  sec- 
tion forty-three  or  under  chapter  five  hundred  and  eighty- 


98 


LAWS  RELATING  TO  EDUCATION.     [Chap.  32. 


Reimbursement 

of  cities  and 

towns. 

1913,  832,  §  13. 

1919,  292,  §  20. 


Referendum 
and  repeal. 
3913,  832,  §  15. 


Certain 
sections  not 
applicable  to 
Boston. 
1913.  832,  §  3. 


nine  of  the  acts  of  nineteen  hundred  and  eight,  as  amended 
by  chapter  six  hundred  and  seventeen  of  the  acts  of  nine- 
teen hundred  and  ten,  or  any  other  act  providing  pensions 
for  teachers. 

Section  16.  (1)  Whenever,  after  July  first,  nineteen 
hundred  and  fourteen,  a  town  retires  a  teacher  who  is  not 
ehgible  to  a  pension  under  section  ten,  paragraph  (4)  and 
pays  to  such  teacher  a  pension  in  accordance  with  section 
forty-three,  or  chapter  five  hundred  and  eighty-nine  of  the 
acts  of  nineteen  hundred  and  eight,  as  amended  by  chap- 
ter six  hundred  and  seventeen  of  the  acts  of  nineteen  hun- 
dred and  ten,  and  the  school  committee  of  said  town 
certifies  under  oath  to  the  board  the  amount  of  said  pen- 
sion, said  town  shall  be  reimbursed  therefor  annually  by 
the  commonwealth;  provided,  that  no  such  reimburse- 
ment shall  be  granted  unless  the  retirement  has  been  ap- 
proved by  the  board  and  the  amount  of  said  reimburse- 
ment shall  not  be  in  excess  of  the  amount,  as  determined 
by  the  board,  to  which  said  teacher  would  have  been  en- 
titled as  a  pension,  had  he  been  a  member  of  the  associa- 
tion. 

(2)  The  board  shall  make  an  annual  report  containing 
a  statement  of  the  amount  expended  previous  to  the  pre- 
ceding first  day  of  July  by  towns  in  the  payment  of  pen- 
sions under  the  preceding  paragraph,  for  which  such  towns 
should  receive  reimbursement.  On  the  basis  of  such  a 
statement,  the  general  court  may  make  an  appropriation 
for  the  reimbursement  of  such  towns  up  to  such  first  day 
of  July. 

Section  17.  Upon  the  petition  of  not  less  than  five  per 
cent  of  the  legal  voters  of  any  city  or  town  in  which  sec- 
tions forty-two  and  forty-three  are  in  force,  the  following 
question  shall  be  placed  upon  the  ballot  and  submitted  to 
the  voters  of  such  city  at  the  next  city  election,  or  to  the 
voters  of  such  town  at  the  next  annual  town  meeting: 
"Shall  sections  forty-two  and  forty-three  of  chapter  thirty- 
two  of  the  General  Laws,  authorizing  cities  and  towns  to 
retire  and  pension  teachers  in  the  public  schools,  be  re- 
pealed?" If  a  majority  of  the  voters  voting  thereon  at 
such  election  or  meeting  shall  vote  in  the  affirmative,  said 
sections  shall  cease  to  be  in  force  in  such  city  or  town. 

Section  18.  Sections  six  to  fifteen,  inclusive,  shall  not 
apply  to  teachers  in  the  public  schools  of  Boston,  except 
teachers  employed  by  Boston  in  day  schools  conducted 


Chap.  32.]    RETIREMENT  SYSTEM,  PENSIONS.  99 

under  sections  one  to  twenty-four,   inclusive,  of  chapter  1920,  so,  §  1. 

,      e  Op.  A.  G. 

seventy-tour.  (1920)  les. 

Section  19.     A  person  who  is  principally  employed  as  Persona  em- 
a  teacher  in  the  public  schools  but  who  is  also  employed  pubhcsSioofs 
by  the  commonwealth  shall,  if  a  member  of  the  teachers'  thec^immon- 
retirement   association,    pay   assessments   to   the   annuity  ^m^'e 
fund  established  by  paragraph  (2)  of  section  nine,  based 
on  the  total  salary  received  for  service  as  a  public  school 
teacher  and  for  employment  by  the  commonwealth;    pro- 
vided, that  the  annual  assessment  of  such  a  member  shall 
not  exceed  one  hundred  dollars. 

A  person  who  is  principally  employed  by  the  common- 
wealth but  who  is  also  employed  in  the  public  schools  shall 
not  be  a  member  of  the  teachers'  retirement  association, 
but  shall  be  subject  to  sections  one  to  five,  inclusive,  and 
if  a  member  of  the  state  retirement  association  shall  pay 
assessments  to  the  annuity  fund  established  by  section  four 
based  on  the  total  salary  received  for  service  rendered  to 
the  commonwealth  and  for  employment  as  a  public  school 
teacher;  provided,  that  a  person  who  receives  more  than 
thirty  dollars  weekly  in  salary  or  wages  shall  not  be  as- 
sessed on  the  excess  above  that  amount. 

Assessments  under  this  section  shall  be  deducted  from 
salary  or  other  compensation  in  accordance  with  the  rules 
and  regulations  prescribed  by  the  respective  retirement 
boards  having  jurisdiction. 

This  section  shall  not  apply  to  teachers  referred  to  in 
paragraph  (4)  of  section  seven. 

GENERAL   PROVISIONS. 

Section  32.     In  any  association  provided  by  the  pre-  Certificate  of 
ceding  sections,  except  the  teachers'  retirement  association,  Policies. 
the  board  shall  issue  to  each  member  a  certificate  of  mem-  \l\i]  sis',  §  e'; 
bership  and  to  each  member  who  retires  or  is  retired  a  q^I'.  §  e." 
policy  which  shall  be  evidence  of  his  right  to  an  annuity 
or  a  pension. 

Section  33.     Should  there  be  due  to  the  estate  of  a  de-  Payments 
ceased  member  of  any  of  the  retirement  associations  estab-  of  deceased 
lished  under  the  preceding  sections  any  sum  of  money  ms.  63.' 
payable  from  the  funds  of  the  association,  the  same^  shall  J|J|;  ||f;  ^  ^• 
be  paid  to  his  legal  representatives;    provided,  that  if  the  |gi34.^_  ^^^^ 
sum  so  due  does  not  exceed  three  hundred  dollars  and  if  [^^q^^^- 
due  from  the  funds  of  the  teachers'  retirement  association, 


100 


LAWS  RELATING  TO  EDUCATION.      [Chap.  32. 


Violations  of 
state  or 
teachers'  re- 
tirement law 
or  rules. 
1911,  532,  §  9. 

1918,  257, 
§§  109,  116. 

1919,  5;  350, 
§46. 

1920,  2. 


Taxation, 
attachments 
and  assign- 
ments. 

1910,  619,  §  7. 

1911,  532,  §  7; 
634,  §  7. 
1913,  832,  §  8. 


Jurisdiction  of 
superior  court. 

1910,  619,  §  10. 

1911,  532,  §  10; 
634,  §  10. 
1913,  832,  §  14. 
1919,  350,  §  46. 


or  one  hundred  dollars  if  due  from  the  funds  of  any  other 
such  association,  and  there  has  been  no  demand  therefor 
by  a  duly  appointed  executor  or  administrator,  payment 
may  be  made  after  the  expiration  of  three  months  from 
the  date  of  the  death  of  such  member,  to  the  persons  ap- 
pearing, in  the  judgment  of  the  board,  to  be  entitled 
thereto,  and  such  payment  shall  be  a  bar  to  recovery  by 
any  other  person. 

Section  35.  If,  in  the  judgment  of  the  commissioner  of 
insurance,  the  commonwealth,  the  state  board  of  retire- 
ment or  the  teachers'  board  of  retirement  has  violated  or 
neglected  to  comply  with  any  provision  of  sections  one  to 
nineteen,  inclusive,  or  the  rules  and  regulations  established 
thereunder,  he  shall  give  notice  thereof  to  the  governor 
and  to  the  board,  and  thereafter,  if  such  violation  or  neg- 
lect on  the  part  of  the  board  continues,  shall  forthwith 
present  the  facts  to  the  attorney  general  for  action. 

Section  37.  The  funds  of  every  retirement  system 
established  under  the  preceding  sections,  so  far  as  they  are 
invested  in  personal  property,  shall  be  exempt  from  tax- 
ation. 

That  portion  of  the  wages  of  a  member  deducted  or  to 
be  deducted  under  the  preceding  sections,  the  right  of  a 
member  to  an  annuity  or  pension,  and  all  his  rights  in  the 
funds  of  the  retirement  system  shall  be  exempt  from  tax- 
ation and  from  the  operation  of  any  law  relating  to  bank- 
ruptcy or  insolvency,  and  shall  not  be  attached  or  taken 
upon  execution  or  other  process.  No  assignment  of  any 
right  in  or  to  said  funds,  annuities  or  pensions  shall  be 
valid. 

Section  38.  The  superior  court  shall  have  jurisdiction 
in  equity,  upon  petition  of  the  commissioner  of  insurance 
or  any  interested  party,  to  compel  the  observance  and  to 
restrain  the  violation  of  any  provision  of  sections  one  to 
thirty-one,  inclusive,  and  of  the  rules  and  regulations  es- 
tablished thereunder. 


municipal  pensions  for  teachers. 

Section  42.     In    any    city    or    town,    except    Boston, 
which  accepted  chapter  four  hundred  and  ninety-eight  of 
^     „  the  acts  of  nineteen  hundred  and  eight,  the  pension  fund 

■  established  for  the  retirement  of  teachers  in  the  public 
schools  shall  be  derived  from  such  revenues  as  may  be 
assigned  thereto  by  the  city  council  of  a  city  or  by  direct 


Municipal 
pensions 
for  teachers. 
1908,  498, 
1,  3,  4. 


Chap.  32.]    RETIREMENT  SYSTEM,  PENSIONS.  101 

appropriation  by  a  town.  The  treasurer  of  the  city  or 
town  shall  be  the  custodian  of  the  fund,  and  shall  make 
annual  or  semi-annual  payments  therefrom  to  such  persons 
and  of  such  amounts  as  shall  be  certified  to  him  by  the 
school  committee. 

Section  43.  The  school  committee  of  any  such  city  same  subject. 
or  town  may  retire  from  active  service  and  place  upon  the  ^^°^"  ^^^'  ^  ^" 
pension  roll  any  teacher  of  such  city  or  town  who  is  sixty 
or  over  or  who,  in  the  judgment  of  said  committee,  is  in- 
capacitated for  useful  service,  and  who  has  faithfully 
served  such  city  or  town  for  twenty-five  years.  The 
amount  of  the  annual  pension  allowed  to  any  person  under 
this  and  the  preceding  section  shall  not  exceed  one  half  of 
the  annual  compensation  received  by  such  person  at  the 
time  of  such  retirement,  and  in  no  case  shall  it  exceed  five 
hundred  dollars. 

MUNICIPAL   PENSIONS   FOR   SCHOOL   JANITORS. 

Section  44.     The  school  committee,  official,   board  or  Municipal 
other  body  having  control  of  janitors  employed  in  public  schoonlnUors. 
schools  of  cities  and  towns  which  accept  this  section,  as  §§\%"^' 
provided  in  the  following  section,  or  have  accepted  corre- 
sponding provisions  of  earlier  laws,  may  retire,  with  an 
annual  pension,  any  janitor  so  employed  who  has  reached 
the  age  of  sixty,  after  completing  a  service  of  not  less  than 
twenty-five  years,   and  is  physically  incapacitated.     The 
pension  shall  be  one  half  the  compensation  to  which  the 
pensioner  would  have  been  entitled  for  full  employment 
during  the  last  year  of  his  service,  but  not  more  than  five 
hundred  dollars  a  year,  and  shall  be  payable  out  of  the 
appropriation  for  the  support  of  public  schools,  mainte- 
nance of  school  buildings  or  payment  of  janitors. 

Section  45.     The  preceding  section  shall  not  apply  to  same  subject. 
the  city  of  Boston,  but  shall  apply  to  any  other  city  upon  ^^^^'  ^■*^'  ^  ^' 
its  acceptance  by  the  mayor  and  city  council  thereof  and 
to  any  town  having  a  population  of  ten  thousand  or  more, 
according  to  the  state  census  last  preceding  its  submission 
to  the  town,  upon  its  acceptance  by  the  town  at  a  meeting. 

miscellaneous  provisions. 

Section  90.     No  person  while  receiving  a  pension  or  an  Pensioners  not 
annuity   from   the   commonwealth,   or   from   any   county,  for  se^lces. 
city  or  town,  except  teachers  who  on  the  thirty-first  day  of  \l\l[  Is!'  ^  ^" 


102 


LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 


1918,  257, 
§  135. 

1919,  5;  80. 

1920,  2. 
Op.  A.  G. 
(1918)  81. 


No  interest  in 
a  pension  to  be 
pledged,  etc. 
1916,  75. 


March,  nineteen  hundred  and  sixteen,  were  receiving  an- 
nuities not  exceeding  one  hundred  and  eighty  dollars  per 
annum,  shall,  after  the  date  of  the  first  payment  of  such 
annuity  or  pension,  be  paid  for  any  service  rendered  to 
the  commonwealth,  county,  city  or  town  which  pays  such 
pension  or  annuity,  except  for  jury  service  or  for  service 
rendered  in  an  emergency  under  section  sixty-eight,  sixty- 
nine  or  eighty-three,  or  for  service  in  a  public  office  to 
which  he  has  been  elected  by  the  direct  vote  of  the  people. 
Section  91.  Any  pledge,  mortgage,  sale,  assignment  or 
transfer  of  any  right,  claim  or  interest  in  any  pension  from 
the  commonwealth  or  any  county,  city  or  town,  shall  be 
void.  Whoever  is  a  party  to  such  pledge,  mortgage,  sale, 
assignment  or  transfer  of  any  right,  claim  or  interest  in 
any  pension  or  pension  certificate  from  the  commonwealth 
or  any  county,  city  or  town,  or  holds  the  same  as  collateral 
security  for  any  debt  or  promise,  or  upon  any  pretext  of 
such  security  or  promise,  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars. 


CHAPTER    149. 


LABOR  AND  INDUSTRIES. 


Sect. 

DEFINmONS. 

1.  Definitions. 

DUTIES   AND    POWERS    OF    DEPARTMENT    OF 
LABOR   AND    INDUSTRIES. 

2.  Duties  and  powers  in  general. 
5.  Investigations. 

17.  Powers  of  inspection. 

18.  Duties  of  industrial  health  inspector. 

PUBLIC    EMPLOYMENT. 

28.  Actions  against  cities  or  towns  for 

labor. 

29.  Security   for  payment  of   labor  on 

public  works. 

30.  Eight  hour  day  and  forty-eight  hour 

week  for  certain  public  employees. 

31.  Eight  hour  day  for  certain  employees 

in  certain  cities  and  towns. 

32.  Definitions. 

33.  Limitation  of  sections  30  and  31. 

34.  Contracts  for  public  work  to  contain 

stipulation  as  to  eight  hour  day. 

35.  Penalty  for  violating  section  30,  31 

or  34. 


Sect. 

36.  Eight  hour  day   not  applicable   in 

certain  cases. 

37.  Nine  hour  day  in  certain  cities  and 

towns. 


WORK  BY  WOMEN  AND  CHILDREN. 

56.  Hours  of  labor  for  women  and  chil- 

dren. 

57.  Penalty  for  violation  of  preceding 

section. 

58.  Women  and  minors  operating  eleva- 

tors. 

60.  Employment  of  children  under  four- 

teen. 

61.  Employment  of  children  under  six- 

teen. 

62.  Employment  of  minors  under  eight- 

een. 

63.  Department    may    determine    proc- 

esses which  are  injurious  to  chil- 
dren. 

64.  Employment      of      persons      under 

twenty-one. 

65.  Hours  of  labor  of  children  under  six- 

teen. 


Chap.  149.]     LABOR  AND  INDUSTRIES. 


103 


Sect. 
66.  Hours  of  labor  of  boys  under  eight- 
een and  girls  under  twenty-one. 

Same  subject. 

Employment  of  minors  as  messen- 
gers, etc.,  regulated. 

Street  trades  for  children  in  certain 
cities  regulated. 

Same  subject. 

Issue  of  badges. 

Wearing  of  badges,  etc. 

Hours  of  street  trades  for  boys. 

Lists    of    hours    of    employment    of 
minors  to  be  posted. 
75.  Forms  of  lists  to  be  furnished  by  the 
department. 

Duties  of  inspectors. 

Powers  of  attendance  ofticers. 

Penalty  for  violation  of  statutes  as 
to  employing  minors. 

Penalty  for  hindering  inspectors, 
etc. 

Penalty  for  selling  articles  to  be  il- 
legally sold  by  minors  engaged  in 
street  trades. 

Penalty  on  parent  or  guardian,  etc. 

Penalty  on  officials. 

Penalty  on  minors. 

Service  of  process  for  violation  of 
sections  relating  to  employment 
of  children. 

Application  of  sections  60  to  83,  in- 
clusive. 

Employment  of  children  under  six- 
teen without  employment  certifi- 
cates, etc.,  forbidden. 


67. 
68. 

69. 

70. 
71. 
72. 
73. 
74. 


76. 

77. 
78. 

79. 

80. 


81. 
82. 
83. 
84. 


85. 


86. 


Sect. 

87.  Employment  certificates.     Issue. 

88.  School  record  reqmred  for  employ- 

ment certificate,  issue  of. 

89.  Contents  of  employment  certificate. 

90.  Penalties  for  illegal  employment  of 

children  under  sixteen,  altering 
employment  certificate,  etc. 

91.  Employer    to    discharge    child    who 

does  not  attend  a  continuation 
school  if  required  to  do  so. 

92.  Duties  of  attendance  officers  and  in- 

spectors in  regard  to  illegal  em- 
ployment of  children. 

93.  Further  duties  of  attendance  officers. 

94.  Educational  certificates,  etc.,  to  be 

shown  on  request  of  officials. 

95.  Educational   certificates   for  minors 

between  sixteen  and  twenty-one. 

96.  Application  of  sections  86  to  95,  in- 

clusive. 

97.  Penalty   for   illegal   employment   of 

minor  without  educational  certifi- 
cate. 

98.  Penalty    on    parent,    etc.,    allowing 

minor  to  be  employed  without 
educational  certificate. 

Children  under  fifteen  not  allowed 
to  appear  in  theatrical  exhibitions, 
etc. 

License  not  to  be  granted  for  exhibi- 
tions in  which  children  under  fif- 
teen take  part. 


104 


105. 


WEEKLY    PAYMENT    OF    WAGES. 

148.  Weekly  payment  of  wages. 


DEFINITIONS. 

Section  1.  In  this  chapter  the  following  words,  unless 
a  different  meaning  is  required  by  the  context,  or  is  spe- 
cifically prescribed,  shall  have  the  following  meanings: 

"Buildings  used  for  industrial  purposes"  or  "industrial 
establishments"  shall  include  factories,  workshops,  bak- 
eries, mechanical  establishments,  laundries,  foundries, 
tenement  house  workrooms,  all  other  buildings  or  parts 
thereof  where  manufacturing  is  carried  on,  and  mercantile 
establishments  as  defined  in  this  section. 

"Child",  a  person  under  eighteen. 

"Commissioner",  the  commissioner  of  labor  and  indus- 
tries. 

"Co-operative  courses",  courses  approved  as  such  by 
the    department    of   education    and    conducted    in   public 


Definitions. 
1887,  103,  §  5. 
1894,  508,  §  57 
R.  L.  106,  §  8. 
1909,  514, 
§§  17,  145. 
1911,241; 
494,  §  1. 

1912,  191;  726, 
§§  5,  8. 

1913,  813, 
§§  8,  12. 
1916,95,  §  1; 
240,  §  1. 
1919,  224;  350, 
§§  56,  69. 

70,  74. 


104  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

schools  where  technical  or  related  instruction  is  given  in 
conjunction  with  practical  experience  by  employment  in 
co-operating  factories,  manufacturing,  mechanical  or  mer- 
cantile establishments  or  workshops. 

"Department",  the  department  of  labor  and  industries. 

"Employment",  any  trade,  occupation  or  branch  of 
industry,  any  particular  method  or  process  used  therein, 
and  the  service  of  any  particular  employer;  but  it  shall 
not  include  private,  domestic  service  or  service  as  a  farm 
laborer. 

"Extraordinary  emergency",  danger  to  property,  life, 
public  safety  or  public  health. 

"Factory",  any  premises  where  mechanical  power  is 
used  in  aid  of  any  manufacturing  process  there  carried  on. 

|Op.A.G.455.  "Manufacturing  establishments",  any  premises,  room  or 
place  used  for  the  purpose  of  making,  altering,  repairing, 
ornamenting,  finishing  or  adapting  for  sale  any  article  or 
part  thereof. 

"Mechanical  establishments",  any  premises,  other  than 
a  factory  as  above  defined,  where  machinery  is  employed 
in  connection  with  any  work  or  process  carried  on  therein. 

4 Op! i; a  137:  "Mercantile  establishments",  any  premises  used  for  the 
purposes  of  trade  in  the  purchase  or  sale  of  any  goods  or 
merchandise,  and  any  premises  used  for  a  restaurant  or 
for  publicly  providing  and  serving  meals. 

"Place  of  employment",  every  place,  whether  indoors  or 
out  or  underground,  and  the  premises  appurtenant  thereto, 
into,  in  or  upon  which  any  employee  goes  or  remains 
either  temporarily  or  regularly  in  the  course  of  his  em- 
ployment. 

•       •••••••••• 

"Woman",  a  female  eighteen  or  over. 

"Workshop",  any  premises,  room  or  place,  not  a  factory 
as  above  defined,  wherein  manual  labor  is  exercised  by 
way  of  trade  or  for  purposes  of  gain  in  or  incidental  to  a 
process  of  making,  altering,  repairing,  ornamenting,  finish- 
ing or  adapting  for  sale  any  article  or  part  thereof,  and 
to  which  or  over  which  premises,  room  or  place  the  em- 
ployer of  the  persons  working  therein  has  the  right  of  ac- 
cess or  control;  but  the  exercise  of  such  manual  labor  in 
a  private  house  or  private  room  by  the  family  dwelling 


Chap.  149.]     LABOR  AND  INDUSTRIES.  105 

therein  or  by  any  of  them,  or  if  a  majority  of  the  persons 
therein  employed  are  members  of  such  family,  shall  not  of 
itself  constitute  such  house  or  room  a  workshop. 

DUTIES     AND     POWERS     OF     DEPARTMENT     OF     LABOR     AND 

INDUSTRIES. 

Section  2.     The  department  shall,  except  as  otherwise  Duties  and 
specifically  provided,  enforce  the  provisions  of  this  chapter,  ^"S"'' 
and  shall  have  all  necessarv  powers  therefor.  iE^-  216. , 

"  1877,  214.  s  7 

1879,  305,  §  12.        1884,  52,  §  3.  R.  L.  108,  §  8.  •.   .  »  • 

i880,  isi.  1887.  218.  1907,  413;  537,  §  5. 

1881,  137.            1888,  426,  §§  10,  14.  1912,  726,  §§  4,  5. 
P.  S.  103,  §  10.         1894,  382,  §1;  1914,474,8  2 

1882,  266,  §  6.         481,  §§  2,  35,  55.  1919.  350,  §  69. 

Section  5.     The  department  may  investigate  conditions  investigations. 
existing  in   any  line  of  industry  ...     It  shall  receive  all  \l\l]  III]  1 1 
complaints  concerning  conditions  existing  in  any  industry  ^^^^'  ^^°'  ^  ^'^• 
carried   on   in  the   commonwealth,   or  concerning  alleged 
violations  of  any  laws  enforced  under  its  direction,  and 
shall  thereupon  make  or  direct  all  needful  and  appropriate 
investigations  and  prosecutions. 

Section  17.     For  the  enforcement  of  the  provisions  of  Powers  of 

•  .         ,  ,  .      .  IT  r  inspection. 

this  chapter,  the  commissioner,  the  director  of  the  division  is^e,  216. 
of  industrial  safety  and  inspectors  may  enter  all  buildings  1879;  305',  §  12. 
and  parts  thereof  used  for  industrial  purposes  and  examine  p.  s.'m'§  10. 
the  methods  of  protection  from   accident,  the  means  of  Jill;  If '§3.^' 
escape  from  fire,  the  sanitary  provisions,  the  lighting  and  }888;426; 
means  of  ventilation,  and  make  investigations  as  to  the  ||9\^'48V 
employment  of  women  and  minors  and  as  to  compliance  §  2;  534,  §  3. 
with  all  provisions  of  this  chapter.  iqoi!  370!  §  2. 

R.  L.  106,  §  67;  108,  §  8.     1909,  514,  §§  117.  145.      1919,  350.  §  75. 
1907,413.  1912,  726,  §§  6,  11. 

Section  18.     Every  industrial  health  inspector  shall  in-  Duties  of 
form  himself  concerning  the  health  of  all  minors  employed  jTeliith"^' 
in  factories  within  his  district;   and  whenever  he  may  deem  i9o^7*;''537;  §3. 
it  advisable  or  necessary,  he  shall  call  the  ill  health  or  Jgjg"  3I0' §  eg 
physical  unfitness  of  any  minor  to  the  attention  of  his 
parents,  guardians  or  employer  and  of  the  department. 

public  employment. 

Section  28.     A  person  to  whom  a  debt  is  due  for  labor  Actions 
performed  in  constructing  a  building,  sewer  or  drain,  or  ofto°wns'fo? 
water  works  or  other  public  works  owned  by  a  town,  under  'i|92%70. 
a  contract  with  any  person  having  authority  from  or  right-  J909  lii^^^' 

§§  22,  145. 


106 


LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 


173  Mass.  408. 
175  Mass.  201. 
225  Mass.  292. 


Security  for 
payment  of 
labor  on  pub- 
lic works. 
1904,  349. 
1909,  514, 
§§  23,  145. 
1920,  210. 
204  Mass.  494. 
206  Mass.  585. 
211  Mass.  113. 
218  Mass.  535. 
225  Mass.  292. 
233  Mass.  420. 

235  Mass.  263. 

236  Mass.  319. 


Eight  hour  day 
and  forty-eight 
hour  week  for 
certain  public 
employees. 

1890,  375. 

1891,  350. 
1894,  508,  §  7. 
R.  L.  106,  §  19. 
1906,  517, 

§§  1,3. 

1907.269,  §  1; 

570. 

1909,  514, 

§§  37.  39,  145. 

1911.494,  §  1. 

1916,  240. 

§§  1,3. 

220  Mass.  416 

226  Mass.  517. 

1  Op.  A.  G.  10. 

2  Op.  A.  G.  442. 
475,  497. 

3  Op.  A.  G.  93, 
567. 

4  Op.  A.  G.  20. 
443. 

Op.  A.  G. 
(1919)  42. 


fully  acting  for  such  town  in  furnishing  such  labor,  shall 
have  a  right  of  action  against  such  town  to  recover  such 
debt  if,  within  thirty  days  after  he  ceases  to  perform  such 
labor,  he  files  in  the  clerk's  office  of  the  town  against  which 
he  claims  such  right  of  action  a  written  statement  under 
oath  of  the  amount  of  the  debt  so  due  to  him,  and  the 
names  of  the  persons  for  whom  and  by  whose  employment 
the  labor  was  performed,  and  if,  within  sixty  days  after  he 
ceases  to  perform  such  labor,  he  commences  such  action. 
Such  right  of  action  shall  not  be  lost  by  reason  of  a  mis- 
take in  stating  the  amount  due;  but  the  claimant  shall  not 
recover  as  damages  a  larger  amount  than  is  named  in  said 
statement  as  due  to  him,  with  interest.  No  person  who 
has  contracted  to  furnish  labor  other  than  his  own  in  such 
construction  shall  have  such  right  of  action. 

Section  29.  Officers  or  agents  who  contract  in  behalf 
of  any  county,  city  or  town  for  the  construction  or  repair 
of  public  buildings  or  other  public  works  shall  obtain 
sufficient  security,  by  bond  or  otherwise,  for  payment  by 
the  contractor  and  sub-contractors  for  labor  performed  or 
furnished  and  materials  used  in  such  construction  or  re- 
pair; but  to  obtain  the  benefit  of  such  security  the  claim- 
ant shall  file  in  the  office  of  the  county  treasurer  or  of  the 
city  or  town  clerk  a  sworn  statement  of  his  claim  within 
sixty  days  after  the  claimant  ceases  to  perform  labor  or 
furnish  labor  or  materials. 

Section  30.  The  service  of  all  laborers,  workmen  and 
mechanics  now  or  hereafter  employed  by  the  common- 
wealth or  any  county  therein  or  any  town  which,  by  vote 
of  the  city  council,  or  of  the  voters  at  a  town  meeting,  ac- 
cepts this  section  or  has  accepted  section  one  of  chapter 
two  hundred  and  forty  of  the  General  Acts  of  nineteen 
hundred  and  sixteen,  or  by  any  contractor  or  sub-con- 
tractor for  or  upon  any  public  works  of  the  commonwealth 
or  of  any  county  therein  or  of  any  such  town  is  hereby 
restricted  to  eight  hours  in  any  one  day  and  to  forty-eight 
hours  in  any  one  week.  No  officer  of  the  commonwealth 
or  of  any  county  or  of  any  such  town,  no  such  contractor 
or  sub-contractor  or  other  person  whose  duty  it  is  to  em- 
ploy, direct  or  control  the  service  of  such  laborers,  work- 
men or  mechanics  shall  require  or  permit  any  such  laborer, 
workman  or  mechanic  to  work  more  than  eight  hours  in 
any  one  day,  or  more  than  forty-eight  hours  in  any  one 
week,  except  in  cases  of  extraordinary  emergency. 


Chap.  149.]     LABOR  AND  INDUSTRIES.  107 

Section  31,     The  service  of  all  laborers,  workmen  and  pg^t  hour  day 
mechanics  now  or  hereafter  employed  by  any  town  which  pWees  in  oer- 
has  accepted  section  twenty  of  chapter  one  hundred  and  towns' 
six  of  the  Revised  Laws,  or  section  forty-two  of  chapter  liooias?: 
five  hundred  and  fourteen  of  the  acts  of  nineteen  hundred  fgoe,' 5??;  §  f °' 
and  nine,  or  said  section  forty-two,  as  affected  by  chapter  §§"4^^^^ 
four  hundred  and  ninety-four  of  the  acts  of  nineteen  hun-  losVa^'  619 
dred  and  eleven,  and  which  has  not  accepted  section  one  220  Mass!  4i6.' 
of  chapter  two  hundred  and  forty  of  the  General  Acts  of  2  Op.  a^g.  442. 
nineteen  hundred  and  sixteen,  or  by  any  contractor  or  sub-  93?56^'  *^' 
contractor   for   or   upon   any   public   works   of   any   such  ^  °^'  ^'  ^'  *"*^' 
town,  is  hereby  restricted  to  eight  hours  in  any  one  day. 
No  officer  of  any  such  town,  no  such  contractor  or  sub- 
contractor or  other  person  whose  duty  it  is  to  employ, 
direct  or  control  the  service  of  such  laborers,  workmen  or 
mechanics  shall  require  or  permit  any  such  laborer,  work- 
man or  mechanic  to  work  more  than  eight  hours  in  any 
one  day,  except  in  cases  of  extraordinary  emergency.    But 
any  such  town  may  accept  the  preceding  section  and  shall 
thereupon  become  subject  thereto. 

Section  32.     In  construing  sections  thirty  and  thirty-  Definitions. 
one,  engineers  shall  be  regarded  as  mechanics,  and  a  threat  570. ' 
of  loss  of  employment  or  a  threat  to  obstruct  or  prevent  1911;  494,' §  f.^* 
the  obtaining  of  employment  or  to  refrain  from  employing  ^^^^'  ^^°'  ^  ^• 
in  the  future  shall  be  considered  to  be  "requiring". 

Section  33.     It  shall  not  be  a  violation  of  section  thirty  Limitation  of 
or  thirty-one  if,  in  the  event  of  a  Saturday  half  holiday  Ind'ai^ 
being  given  to  a  laborer,  workman  or  mechanic,  his  hours  190?;  2II',  §  i'; 
of    labor  upon    other    working  days  are    increased    suffi-  ig^,  514,  §  37. 
ciently  to  make  a  total  of  forty-eight  hours  for  his  week's  j^|^;  ^^;  |  \- 
work. 

Section  34.     Every  contract,  except  for  the  purchase  contracts  for 
of  material  or  supplies,  to  which  the  commonwealth,  or  conta^nTt^ipuia- 
any  county  or  any  town  which  has  accepted  section  twenty  hour'day.^'^''* 
of  chapter  one  hundred  and  six  of  the  Revised  Laws,  is  a  J|93.  406.    ^ 
party,  involving  the  employment  of  laborers,  workmen  or  R-  l!  iog',  §  21. 
mechanics,    shall   contain   a   stipulation   that   no   laborer,  1907!  269,'  §  2.' 
workman  or  mechanic  working  within  the  commonwealth,  §§  as,  145. 
in  the  employ  of  the  contractor,  sub-contractor  or  other  sop'.A'^Gf?^ 
person  doing  or  contracting  to  do  the  whole  or  a  part  of  ^  ^p  ^-  ^-  ^°^- 
the  work  contemplated  by  the  contract,  shall  be  requested 
or  required  to  work  more  than  eight  hours  in  any  one  day, 
and  every  such  contract  not  containing  this  stipulation 
shall  be  null  and  void. 


108 


LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 


Penalty  for 
violating  sec- 
tion 30,  31 
or  34. 

190'i,  517,  §  4. 
1907,  269,  §  3. 
1909,  514,  §  40. 
1911,494,  §  3. 


Eight  hour  day 
not  applicable 
in  certain  cases. 
1907,  570. 
1909,  514,  §  39. 


Section  35.  Any  agent  or  official  of  the  commonwealth 
or  of  any  county,  or  town,  or  any  contractor  or  sub-con- 
tractor, or  any  agent  or  person  acting  on  behalf  of  any 
contractor  or  sub-contractor,  who  violates  section  thirty, 
thirty-one  or  thirty-four  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars  or  by  imprisonment 
for  six  months,  or  both. 

Section  36.  Sections  thirty,  thirty-one  and  thirty-four 
shall  not  apply  ...  to  persons  employed  by  the  commis- 
sioners of  the  Massachusetts  nautical  school  .  .  . 


1911,494,  §  4. 
1916,  240,  §  2. 


1918,  90,  §  2;  268. 

1919,  350,  §§  34,  99,  101. 


Nine  hour  day        SECTION  37.     In  any  town  not  subject  to  section  thirty 

in  cGrtRin  cities  ^  iii  •  i»  it* 

and  towns.        QY  thirtv-oiie  nine  hours  shall  constitute  a  dav  s  work  tor 
i89i!  350.  a'l  laborers,  workmen  and  mechanics  employed  by  or  on 

1894,  508,  §  7.      ,",„„',      , 

R.  L.  106,  §  19.  behali  oi  such  town. 


1909,  514,  §§  43,  145. 


1  Op.  A.  G.  10. 


Hours  of  labor 
for  women  and 
children. 
1842,  60,  §  3. 
G.  S.  42,  §  3. 
1867,  285,  §  2. 
1874,  221,  §  1. 
1880,  194,  §  1. 
P.  S.  74,  §  4. 

1883,  157. 

1884,  275, 
§§  1.3. 

1886,  90. 

1887,  280,  §  1. 
1892,  357,  §  1. 
1894.  508, 

§§  10,  11. 

1900,  378. 

1901,  113. 
R.  L.  106, 
§§  23,  24. 

1902,  435. 
1904,  397. 

1908,  645. 

1909,  514, 

§§  47.  48,  145. 
1911,  313;  484. 
1912,452; 
1913,  758; 
§  17. 

1915,  57. 

1916,  222. 
1919,  113; 
311,  §  1; 
350,  §  69. 
1921,  280. 
210  Mass.  387. 
222  Mass.  299. 
232  U.  S.  671. 

3  Op.  A.  G.  269. 

4  0p.  A.  G.  118. 
Op.  A.  G. 
(1917)  42. 

Op.  A.  G. 

(1919)  63. 
Op.  A.  G. 

(1920)  160. 

Penalty,  §  ISO. 


477. 
831, 


WORK   BY   WOMEN   AND   CHILDREN. 

Section  56.  {As  amended  by  chapter  280,  Acts  of  1921.) 
No  child  and  no  woman  shall  be  employed  in  laboring  in 
any  factory  or  workshop,  or  in  any  manufacturing,  mer- 
cantile, mechanical  establishment,  telegraph  office  or  tele- 
phone exchange,  or  by  any  express  or  transportation  com- 
pany, or  in  any  laundry,  hotel,  manicuring  or  hair  dressing 
establishment,  motion  picture  theatre,  or  as  an  elevator 
operator,  or  as  a  switchboard  operator  in  a  private  ex- 
change, more  than  nine  hours  in  any  one  day  except  that 
hotel  employees  who  are  not  employed  in  a  manufacturing, 
mercantile  or  mechanical  establishment  connected  with  a 
hotel  may  be  employed  more  than  nine  but  not  more  than 
ten  hours  in  any  one  day;  and  in  no  case  shall  the  hours 
of  labor  exceed  forty-eight  in  a  week,  except  that  in  manu- 
facturing establishments  where  the  employment  is  deter- 
mined by  the  department  to  be  by  seasons,  the  number  of 
such  hours  in  any  week  may  exceed  forty-eight,  but  not 
fifty-two,  provided  that  the  total  number  of  such  hours  in 
any  year  shall  not  exceed  an  average  of  forty-eight  hours 
a  week  for  the  whole  year,  excluding  Sundays  and  holi- 
days; and  if  any  child  or  woman  shall  be  employed  in 
more  than  one  such  place,  the  total  number  of  hours  of 
such  employment  shall  not  exceed  forty-eight  hours  in  any 
one  week.  Every  employer,  except  those  hereinafter  desig- 
nated, shall  post  in  a  conspicuous  place  in  every  room 
where  such  persons  are  employed  a  printed  notice  stating 


Chap.  149.]     LABOR  AND   INDUSTRIES.  109 

the  number  of  hours'  work  required  of  them  on  each  day 
of  the  week,  the  hours  of  beginning  and  stopping  work, 
and  the  hours  when  the  time  allowed  for  meals  begins  and 
ends,  or,  in  case  of  mercantile  establishments  and  of  estab- 
lishments exempted  from  sections  ninety-nine  and  one 
hundred,  the  time,  if  any,  allowed  for  meals.  The  em- 
ployment of  any  such  person  at  any  time  other  than  as 
stated  in  said  printed  notice  shall  be  deemed  a  violation 
of  this  section  unless  it  appears  that  such  employment  was 
to  make  up  time  lost  on  a  previous  day  of  the  same  week 
in  consequence  of  the  stopping  of  machinery  upon  which 
such  person  was  employed  or  dependent  for  employment; 
but  no  stopping  of  machinery  for  less  than  thirty  consecu- 
tive minutes  shall  justify  such  overtime  employment,  nor 
shall  such  overtime  employment  be  authorized  until  a 
written  report  of  the  day  and  hour  of  its  occurrence  and 
its  duration  is  sent  to  the  department,  nor  shall  such  over- 
time employment  be  authorized  because  of  the  stopping  of 
machinery  for  the  celebration  of  any  holiday.  Every  em- 
ployer engaged  in  furnishing  public  service,  or  in  any  other 
kind  of  business  in  respect  to  which  the  department  shall 
find  that  public  necessity  or  convenience  requires  the  em- 
ployment of  children  or  women  by  shifts  during  different 
periods  or  parts  of  the  day,  shall  post  in  a  conspicuous 
place  in  every  room  where  such  persons  are  employed  a 
printed  notice  stating  separately  the  hours  of  employment 
for  each  shift  or  tour  of  duty  and  the  amount  of  time 
allowed  for  meals.  A  list  by  name  of  the  employees, 
stating  in  which  shift  each  is  employed,  shall  be  kept  on 
file  at  each  place  of  employment  for  inspection  by  em- 
ployees and  by  officers  charged  with  the  enforcement  of 
the  law.  In  cases  of  extraordinary  emergency  or  extraor- 
dinary public  requirement,  this  section  shall  not  apply  to 
employers  engaged  in  public  service  or  in  other  kinds  of 
business  in  which  shifts  may  be  required  as  hereinbefore 
stated;  but  in  such  cases  no  employment  in  excess  of  the 
hours  hereby  authorized  shall  be  considered  as  legalized 
until  a  written  report  of  the  day  and  hour  of  its  occurrence 
and  its  duration  is  sent  to  the  department. 

Section  57.     A  parent  or  guardian  who  permits  a  child  ^Xtwn^of 
under  his  control  to  be  employed  in  violation  of  the  pre-  preceding 

section 

ceding  section,  and  any  person  who,  either  for  himself  or  i842,  eb,  §4. 
as  superintendent,  overseer  or  agent  for  another,  employs  1867,285,  §3. 
any  person  in  violation  of  said  section,  or  fails  to  post  the  IItI]  Iot! 


no  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

1880, 194,  §  2,  notice  required  by  it,  or  makes  a  false  report  of  the  stop- 
is^,  2^75!  §2.  ping  of  machinery,  shall  be  punished  by  a  fine  of  not  less 
1887,280,  §1.    ^jjg^^  gf^y  j^Qj.  u^Qi-e  than  one  hundred  dollars. 

1894,  508,  §§  59-61  1909,  514,  §§  49,  145. 

R.  L.  106,  §  25.  210  Mass,  387. 

Women  and  SECTION  58.     Any  law  restricting  the  hours  of  women 

Ttlng'^dS'ors.  and  minors  laboring  in  factories  or  workshops,  or  in  mer- 
1918, 147.         cantile,  manufacturing  or  mechanical  establishments,  shall, 
unless  it  is  otherwise  expressly  provided,  apply  to  women 
and  minors  operating  elevators  in  such  establishments,  or 
in  any  building  occupied  in  whole  or  in  part  by  any  such 
establishment,  or  in  any  office  building. 
Employment  of      SECTION  60.     (As  amended  hy  chapter  4-10,  Acts  cf  1921.) 
fouSeen.""'^^'    Exccpt  as  providcd  in  section  sixty-nine,  no  person  shall 
1I76',  5?'u^."    employ  a  minor  under  fourteen  or  permit  him  to  work  in 
r883,'2^24^  ^"       or  about  or  in  connection  with  any  factory,  work  shop, 
list' 348  manufacturing,    mechanical   or   mercantile   establishment, 

§§i^,'2.  '  barber  shop,  bootblack  stand  or  establishment,  public 
1894!  508;  stable,  garage,  brick  or  lumber  yard,  telephone  exchange, 
i898^'494',  §  1.  telegraph  or  messenger  office,  or  in  the  construction  or 
f905;267:§r'  repair  of  buildings,  or  in  any  contract  or  wage  earning 
1909;  lit;  ^  ^'  industry,  carried  on  in  tenement  or  other  houses.  No  such 
i9i3^'77^/§  14-  minor  shall  be  employed  at  work  performed  for  wage  or 
831, '§1'  'other  compensation,  to  whomsoever  payable,  during  the 
204  Mass'.  18.'    hours  whcu  the  public  schools  are  in  session,  nor,  except 

2  Op.  A.^G.  616.  as  provided  in  section  sixty-nine,  shall  he  be  employed  at 

3  Op.  A.  G.  177.  .^Qj,]^  before  half  past  six  o'clock  in  the  morning  or  after 
ena  ty,  §    .     ^.^  o'clock  in  the  evening. 

Employment  of      SECTION  6L     No   pcrsou   sliall   cmploy  a   minor   under 
Steen''  "^^^"^   sixtccu  or  permit  him  to  work  in  operating  or  assisting  in 
1894;  508;^^'    operating  any  of  the  following  machines:    (1)  circular  or 
KL'iwi,  §42.  band  saws,  (2)  wood  shapers,  (3)  wood  jointers,  (4)  planers, 
iR^ni         (^)    picker  machines  or  machines  used   in   picking  wool, 
1913, |3i,'        cotton,  hair  or  other  material,  (6)  paperlace  machines,  (7) 
1920,  298.         leather  burnishing  machines,  (8j  job  or  cylinder  printing 
Penalty,  §  78.    presscs   Operated   by   power   other   than   foot   power,    (9) 
stamping  machines  used  in  sheet  metal  and  tinware  or  in 
paper  or  leather  manufacturing  or  in  washer  and  nut  fac- 
tories, (10)  metal  or  paper  cutting  machines,  (11)  corner 
staying  machines  in  paper  box  factories,  (12)  corrugating 
rolls  such  as  are  used  in  corrugated  paper  or  in  roofing,  or 
washboard  factories,  (13)  steam  boilers,  (14)  dough  brakes 
or  cracker  machinery  of  any  description,  (15)  wire  or  iron 
straightening  or  drawing  machinery,  (16)  rolling  mill  ma- 


Chap.  149.]     LABOR  AND   INDUSTRIES.  Ill 

chinery,  (17)  power  punches  or  shears,  (18)  washing  or 
grinding  or  mixing  machinery,  (19)  calender  rolls  in  paper 
and  rubber  manufacturing  or  other  heavy  rolls  driven 
by  power,  (20)  laundering  machinery,  (21)  upon  or  in 
connection  with  any  dangerous  electrical  machinery  or 
appliances,  or  in  adjusting  or  assisting  in  adjusting  any 
hazardous  belt  to  any  machinery,  or  in  oiling  or  cleaning 
hazardous  machinery,  or  in  proximity  to  any  hazardous  or 
unguarded  belts,  machinery  or  gearing  while  such  machinery 
or  gearing  is  in  motion;  or  in  scaffolding;  or  in  heavy  work 
in  the  building  trades;  or  in  stripping,  assorting,  manu- 
facturing or  packing  tobacco;  or  in  any  tunnel;  or  in  a 
public  bowling  alley;  or  in  a  pool  or  billiard  room.  No 
such  minor  shall  be  employed  or  permitted  to  operate, 
clean  or  repair  a  freight  elevator;  violation  of  this  provi- 
sion shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars. 

Section  62.     No  person  shall  employ  a  minor  under  Employment  of 
eighteen  or  permit  him  to  work:    (1)  in  or  about  blast  fur-  ™ghteeii!°  " 
naces;     (2)   in   the  operation  or  management  of  hoisting  ^^^^' ^^^' *  ^' 
machines;    (3)  in  oiling  or  cleaning  hazardous  machinery    ^^^^^'^    • 
in  motion;    (4)  in  the  operation  or  use  of  any  polishing  or 
buffing  wheel;    (5)  at  switch  tending;    (6)  at  gate  tending; 
(7)  at  track  repairing;    (8)  as  a  brakeman,  fireman,  engi- 
neer, motorman  or  conductor  upon  a  railroad  or  railway; 
(9)  as  a  fireman  or  engineer  upon  any  boat  or  vessel;    (10) 
in  operating  motor  vehicles  of  any  description;    (11)  in  or 
about  establishments  wherein  gunpowder,   nitroglycerine, 
dynamite  or  other  high  or  dangerous  explosive  is  manu- 
factured or  compounded;    (12)  in  the  manufacture  of  white 
or  yellow  phosphorus  or  phosphorus  matches;    (13)  in  any 
distillery,  brewery,  or  any  other  establishment  where  malt 
or  alcoholic  liquors  are  manufactured,  packed,  wrapped  or 
bottled;    (14)  in  that  part  of  any  hotel,  theatre,  concert 
hall,  place  of  amusement  or  other  establishment  where  in- 
toxicating liquors  are  sold.    This  section  shall  not  prohibit 
the  employment  of  minors  in  drug  stores. 

Section  63.     The  department  mav,  after  a  hearing  duly  Department 

,,,,  .  ,,^  "'ij^i  may  determine 

held,  determme  whether  or  not  any  particular  trade,  proc-  processes 
€ss  of  manufacture  or  occupation,  in  which  the  employ-  i^juHous^to 
ment  of  minors  under  the  age  of  sixteen  or  eighteen  is  not  59o^,'"l64. 
forbidden  by  law,  or  any  particular  method  of  carrying  on  fg^L.  loe,  §  44. 
such  trade,  process  of  manufacture  or  occupation,  is  suffi-  }^}^'|^J- 
ciently  dangerous  or  is  sufficiently  injurious  to  the  health  §§4.'6. 


112  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

1919, 311,  §  1;    or  morals  of  minors  under  sixteen  or  eighteen  to  justify 
350,  §69.  ^j^gj^   exclusion   therefrom.      No   minor   under   sixteen   or 

Penalty,  §78.     gjgj^^^gj^  ^^^\\  l^g  employed  or  permitted  to  work  in  any 
trade,  process  or  occupation  thus  determined  to  be  dan- 
gerous or  injurious  to  such  minors,  respectively. 
Employment  of      SECTION  64.     No  pcrsou  shall  cmploy  a  minor  or  permit 
twe'nty'-^ne'^^'    him  to  worlv  in,  about  or  in  connection  with  any  saloon  or 
1913, 831,  §  7.    ^^^  room  where  alcoholic  liquors  are  sold.    No  person  shall 
Penalty,  §  78.     j^j^Q^j^gly  take  or  send  any  such  minor  or  cause  or  permit 
him  to  be  sent  to  any  disorderly  house  or  house  of  prosti- 
tution or  assignation  or  other  immoral  place  of  resort  or 
amusement. 
Hours  of  labor       SECTION  65.     (As  amended  by  cha'pter  4IO,  Acts  of  1921.) 
under' sixTeen.     No  pcrsou  shall  cmploy  a  minor  under  sixteen  or  permit 
83l'§^8.^'  ^  ^'    him  to  work  in,  about  or  in  connection  with  any  establish- 
r/Vs^'         ment  or  occupation  named  in  section  sixty,  or  for  which 
\^t^'A^^}\  o      an  employment  certificate  is  required,  for  more  than  six 

§  1;  410,  ^  A.  .^      ^  ,  .1  p       ,  •    1  J     1 

4  Op.  A.  G.  257.  Jays  in  any  one  week,  or  more  than  lorty-eight  hours  in 
Penalty,  §  78.     ^ny  ouc  wcck,  or  morc  than  eight  hours  in  any  one  day, 
or,  except  as  provided  in  section   sixty-nine,   before  half 
past  six  o'clock  in  the  morning,  or  after  six  o'clock  in  the 
evening.     The  time  spent  by  such  a  minor  in  a  continua- 
tion school  or  course  of  instruction  as  required  by  section 
twenty-two  of  chapter  seventy-one  shall  be  reckoned  as  a 
part  of  the  time  he  is  permitted  to  work. 
Hours  of  labor       vSection  66.     No  pcrsou  shall  employ  a  boy  under  eight- 
eighteeVand"^     ecn  or  a  girl  under   twenty-one  or  permit  such  a   boy  or 
twenty-one.       girl  to  work  w,  about  or  in  connection  with  any  establish- 
1892;  83^"         ment   or   occupation   named   in   section   sixty   before   five 
If  12  ^fi'         o'clock  in  the  morning  or  after  ten  o'clock  in  the  evening, 
1907'  267'  ^  ^'^'  ^^  ^^  ^^^  manufacture  of  textile  goods  after  six  o'clock  in 
19091514;         the  evening;    provided,  that  girls  under  twenty-one  may 
i9i3!'83t^§ 9.    be  employed  as  operators  in  regular  service  telephone  ex- 
1  opl  A^G.  209.  changes  until,  but  not  after,  eleven  o'clock  in  the  evening. 

4  Op.  A.  G.  257.  Penalty,  §  78 

Same  subject.        Section  67.     Exccpt  as  limited  by  section  fifty-six,  no 

1917;  294:  ^  ^"    person  shall  employ  a  boy  under  eighteen  or  a  girl  under 

1919,113.         twenty-one  or  permit  such  a  boy  or  girl  to  work  in,  about 

Penalty,  §  78.     ^^   -^   connection    with   any   establishment   or   occupation 

named  in  section  sixty  for  more  than  six  days  in  a  week, 

or  more  than  fifty-four  hours  in  a  week,  or  more  than  ten 

hours  in  a  day. 

Employment  of      SECTION  68.     Exccpt  for  the  delivery  of  messages  di- 

^nTeTs.^etc!,""'  rcctly  conncctcd  with  the  business  of  conducting  or  pub- 

regulated. 


Chap.  149.]     LABOR  AND  INDUSTRIES.  113 


lishinj:  a  newspaper  to  a  newspaper  office  or  directly  be-  i9ii,  629,  §  1 

^  ^    ^  ^    ^         .      ..  .  ''  .  1913^  831,  §  ] 

Penalty,  §  78 


tween  newspaper  offices,  no  person  shall  employ  a  minor 


or  permit  him  to  work  as  messenger  for  a  telegraph, 
telephone  or  messenger  company  in  the  distribution, 
transmission  or  delivery  of  goods  or  messages  before  five 
o'clock  in  the  morning  or  after  ten  o'clock  in  the  even- 
ing. 

Section  69.     (As  amended  hy  chapter  4IO,  Acts  of  1921.)  KiidS'n 
No  boy  under  twelve  and  no  girl  under  eighteen  shall,  in  rlgulLled*'^^ 
any  city  of  over  fifty  thousand  inhabitants,  sell,  expose  or  J^^^- f^^*  |  j"- 
offer  for  sale  any  newspapers,   magazines,   periodicals  or  p^^^'^y^  j  g3' 
any  other  articles  of  merchandise  of  any  description,  or 
exercise  the  trade  of  bootblack  or  scavenger,  or  any  other 
trade,  in  any  street  or  public  place.     A  boy  over  twelve 
may  engage  or  be  employed  in  any  city  or  town  in  the  sale 
or  delivery  of  newspapers,  magazines  or  other  periodicals 
in  a  street  or  on  a  newspaper  route;    provided  that  no 
minor  under  fourteen  may  so  engage  or  be  employed  dur- 
ing the  hours  that  the  public  schools  of  the  city  or  town 
in  which  such  minor  resides  are  in  session  nor  before  six 
o'clock   in    the    morning   nor    after   eight   o'clock   in   the 
evening,  nor  unless  such  minor  has  secured  a  badge  from 
the  officer  authorized  to  issue  employment  certificates  in 
the  city  or  town  where  he  resides  to  which  badge  sections 
seventy-one  and  seventv-two  shall  apply. 

Section  70.     (As  amended  hy  chapter  4IO,  Acts  of  1921.)  fir3?8S  U2. 
No  minor  under  sixteen  shall  engage  or  be  employed  in  ^^^^'  ^^^'  §  *• 
any  of  the  trades  or  occupations  mentioned  in  the  pre-  P^^^^^ty-  §  ^^■ 
ceding  section  unless  such  minor  complies  with  all  the  pro- 
visions of  the  three  following  sections  and  with  all  the 
legal  requirements  concerning  school  attendance,  and  un- 
less a  badge  has  been  issued  to  such  minor  by  the  officer 
authorized  to  issue  employment  certificates  in  the  city  or 
town  where  such  minor  resides. 

Section  71.  Such  badge  shall  not  be  issued  until  the  issue  of^badges. 
officer  issuing  the  same  shall  have  received,  examined,  ap- 
proved and  filed  evidence  that  such  boy  is  twelve  or  over, 
which  shall  consist  of  the  proof  of  age  required  by  section 
eighty-seven  for  the  issuing  of  an  employment  certificate. 
Such  officer  may  refuse  to  issue  such  badge  to  any  boy 
who  in  his  opinion,  after  due  investigation,  is  found  physi-  . 
cally  or  mentally  incompetent  or  unable  to  do  such  work 
in  addition  to  the  regular  school  attendance  required  by 
law. 


114  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

bldlS^etc.  Section  72.     The  badge  shall  be  worn,  conspicuously 

1913.  831,  §  14.  exposed  at  all  times,  by  such  boy  while  so  working.     No 

Penalty,  §  83.    j^^y  ^^  whoHi  the  Said  badge  has  been  issued  shall  transfer 

the  same  to  any  other  boy.     He  shall  exhibit  the  same 

upon  demand   at  any  time  to  any  officer  mentioned  in 

section  seventy-seven.     The  school  committee  of  any  city 

may  make  further  regulations  and  requirements  for  issuing 

such  badges. 

WesfOTboys.      SECTION  73.     No  boy  under  sixteen  shall  engage  in  any 

1913,  831,  §  15.  of  the  trades  or  occupations  mentioned  in  section  sixty- 

Penaity,  §  83.    jjjjjg  jj^  ^^y  Q^^eet  Or  pubHc  placc  after  nine  o'clock  in  the 

evening  or  before  five  o'clock  in  the  morning,  nor,  unless 

provided  with  an  employment  certificate,  during  the  hours 

when  the  public  schools  in  the  city  where  such  boy  resides, 

or  the  school  which  such  boy  attends,  are  in  session. 

emp1o°ymenrof      SECTION  74.     Exccpt   as   providcd   in   section   fifty-six, 

minors  to  be      evcry  pcrson  employing  any  minor  in  any  establishment 

1913, 831,  §  16.  mentioned  in  section  sixty  shall  keep  posted  in  a  con- 

Penaity,  §  78.    spicuous  placc  in  the  room  where  such  minor  is  employed 

or  permitted  to  work  a  printed  notice  stating  the  number 

of  hours  such  minor  is  required  or  permitted  to  work  on 

each  day  of  the  week,  with  the  total  for  the  week,  the 

hours  of  commencing  and  stopping  work,  and  the  hours 

when  the  time  allowed  for  meals  begins  and  ends  for  each 

day  of  the  week. 

The  employment  of  any  minor  at  any  time  other  than 

as  stated  in  said  printed  notice  shall  be  deemed  a  violation 

of  this  section.    The  terms  of  such  notice  for  any  week  or 

part  thereof  shall  not  be  changed  after  the  beginning  of 

labor  on  the  first  day  of  the  week  without  the  written 

consent  of  the  commissioner. 

fo^bTfurnfshed      SECTION  75.     The  department,   after   approval   by  the 

m^ent  ^ '^^^^'^*'    ^^tomcy    general,    shall,    upon    application,    furnish    the 

1887'  280  printed  forms  of  the  lists  and  notices  required  by  sections 

1894!  508!  §  11.  fifty-six  and  seventy-four  to  all  persons  required  to  post 

1901, 113.         ^j^^  same.  R-  ^-  lo^,  §§  23,24.  1902,435. 

1908,  645.  1911,  484,  §  1.  1915,  57. 

1909,  514,  1912,  477.  1916,  222. 

§§  47,  48,  145.       1913,  758;  831,  §  18.       1919,  113;  350,  §  69. 

SspMtoL  Section  76.     Inspectors    shall    visit    and    inspect    the 

1913,  831,  §  18.  places  of  employment  mentioned  in  sections  sixty  to  sixty- 
eight,  inclusive,  and  shall  ascertain  whether  any  minors 
are  employed  therein  contrary  to  said  sections.  They  shall 
report  to  the  school  authorities  any  cases  of  children  under 
sixteen  discharged  for  illegal  employment.     Any  person 


Chap.  149.]     LABOR  AND  INDUSTRIES.  115 

may  prosecute  violations  of  sections  sixty  to  seventy-four, 
inclusive. 

Section  77.     Sections  sixty-nine  to   seventy-three,   in-  Powers  of 
elusive,    relating   to   minors   engaged   in   the   occupations  officers^"*'^ 
mentioned  in  section  sixty-nine,  shall  be  enforced  by  school  ^^^^'  ^^^'  ^  ^^• 
attendance  officers,  who  are  hereby  vested  with  full  police 
powers  for  the  purpose,  and  by  police  officers.    The  school 
committee  of  each  city  may  appoint  or  designate  one  or 
more  special  attendance  officers  to  have  supervision  over 
minors  engaged  in  such  occupations  and  over  the  enforce- 
ment of  said  sections. 

Section"  78.     Whoever,    by   himself   or   for   others,    or  Penalty  for 
through  agents,  servants  or  foremen,  employs,  induces  or  ItatuteTas^o 
permits  any  minor  to  work  contrary  to  any  provision  of  ^nore.'''^ 
sections  sixty  to  seventy-four,  inclusive,  shall,  except  as  Ills' ||i'||o 
provided    in    section    sixty-one,    be    punished    for    a    first 
offence  by  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars  or  by  imprisonment  for  not  more  than  one  month, 
or  both,  and  for  a  subsequent  offence  by  a  fine  of  not  less 
than  fifty  nor  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  more  than  two  months,  or  both.     The 
employment  of  any  minor  in  violation  of  any  provision  of 
said  sections,  after  the  person  employing  such  minor  has 
been   notified   thereof  in   writing   by   any   authorized   in- 
spector  or   school    attendance   officer,    shall   constitute   a 
separate  offence  for  every  day  during  which  the  employ- 
ment continues. 

Section  79.     Any  person  who  hinders  or  delays  any  Penalty  for 
authorized  inspector  or  school  attendance  officer  in  the  per-  inspe^c'itora.'etc. 
formance  of  his  duties,  or  who  refuses  to  admit  to  or  locks  ^^^^'  ^^^'  ^  ^^' 
out  any  such  inspector  or  officer  from  any  place  which 
such  inspector  or  officer  is  authorized  to  inspect,  or  who 
refuses  to  give  to  such  inspector  or  officer  such  information 
as  may  be  required  for  the  proper  enforcement  of  sections 
sixty  to  seventy-four,   inclusive,   shall   be  punished  by  a 
fine  of  not  less  than  twenty-five  nor  more  than  two  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  two 
months,  or  both. 

Section  80.  Whoever  furnishes  or  sells  to    any    minor  Penalty  for 
any  article  of  any  description  with  the  knowledge  that  the  to'beuiegany^ 
minor  intends  to  sell  such  article  in  violation  of  any  pro-  |ngagedTn"°'^ 
vision  of  sections  sixty-nine  to  seventy-three,  inclusive,  or  fg'"f|''83i'^T'22 
after  having  received  written  notice  to  this  effect  from  any 
officer  charged  with  the  enforcement  thereof,  or  knowingly 


116  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

procures  or  encourages  any  minor  to  violate  any  provisions 
of  said  sections,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  more  than  two  months,  or  both, 
pareilt^or"  SECTION  81.     Any  parent,  guardian  or  custodian  having 

1913^831  ^§°23  ^  minor  under  his  control  who  compels  or  permits  such 
minor  to  work  in  violation  of  any  provision  of  sections 
sixty  to  seventy-four,  inclusive,  or  knowingly  certifies  to 
any  materially  false  statement  for  the  purpose  of  obtaining 
the  illegal  employment  of  such  minor,  shall  for  a  first 
offence  be  punished  by  a  fine  of  not  less  than  two  nor 
more  than  ten  dollars  or  by  imprisonment  for  not  more 
than  five  days,  or  both;  and  for  a  subsequent  offence  by 
a  fine  of  not  less  than  five  nor  more  than  twenty-five  dol- 
lars or  by  imprisonment  for  not  more  than  ten  days,  or 
both. 
•  offiifais.  "^  Section  82.     Any  inspector,  school  attendance  officer, 

1913,  831,  §  24.  superintendent  of  schools  or  other  person  authorized  to 
issue  the  badges  required  by  section  seventy,  or  any  other 
person  charged  with  the  enforcement  of  any  of  the  pro- 
visions of  sections  sixty  to  eighty-three,  inclusive,  who 
knowingly  violates  or  fails  to  comply  with  any  provision 
of  said  sections,  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  more  than  two  months,  or  both. 
m1norl^°'^  SECTION  83.     Any   minor   who   engages   in   any   of  the 

1913,  831,  §  25.  trades  or  occupations  mentioned  in  section  sixty-nine  in 
violation  of  any  provision  of  sections  sixty-nine,  seventy 
or  seventy-two  to  seventy-four,  inclusive,  shall  for  the  first 
offence  be  warned  by  the  officers  mentioned  in  section 
seventy-seven,  and  the  parent,  guardian  or  custodian  shall 
be  notified.  In  case  of  a  second  violation,  such  minor  mav 
be  arrested  and  dealt  with  as  a  delinquent  child,  or,  if 
over  seventeen,  shall  be  punished  by  a  fine  not  exceeding 
fifteen  dollars.  LTpon  the  recommendation  of  the  principal 
or  chief  executive  officer  of  the  school  which  such  minor 
attends,  or  upon  the  complaint  of  any  school  attendance 
officer,  police  officer  or  probation  officer,  the  badge  of  any 
minor  violating  any  provision  of  sections  seventy  to 
seventy-three,  inclusive,  or  who  becomes  delinquent  or 
fails  to  comply  with  all  legal  requirements  concerning 
school  attendance,  may  be  revoked  for  three  months  by 
the  officer  issuing  the  same  and  the  badge  taken  from  such 
minor.     If  any  minor  refuses  to  surrender  such  badge,  or 


Chap.  149.]     LABOR    AND    INDUSTRIES.  117 

works  at  any  of  the  occupations  mentioned  in  section 
sixty-nine  after  notice  of  the  revocation  of  such  badge,  he 
shall  be  deemed  to  have  violated  section  seventy. 

Section  84.     A    summons    or    warrant    issued    by   anv  service  of  proc- 

,.,...         1  .  •       •    J-    J.-  i?  xU  •    1    ^*  'i?  ess  for  violation 

court  or  trial  justice  having  jurisdiction  oi  the  violation  or  of  sections  re- 
any  provision  of  sections  sixty  to  eighty-three,  inclusive,  pioyment^^' 
or  sections  ninety  to  ninety-seven,  inclusive,  may  be  served  Jgoe.'^lgg,  §  5 
at  the  direction  of  the  court  or  justice  by  an  inspector  or  §§"15^/4^ 
bv  a  school  attendance  officer  or  bv  ahv  officer  qualified  to  i9i3, 83i, 

*'  .       .  8  2d. 

serve  criminal  process. 

Section  85.     Sections  sixtv  to  eighty-three,   inclusive.  Application  of 

«-  *_»*/-  '    SGCtioris  oO  to 

shall  not  apply  to  the  juvenile  reformatories,  other  than  83,  inclusive. 

.  1913    831    §  27 

the  Massachusetts  reformatory,  or  prevent  minors  of  any  1919!  350!  §  m. 
age  from  receiving  manual  training  or  industrial  education  (1919)  nV. 
in  or  in  connection  with  any  school  which  has  duly  been 
approved  by  the  school  committee  or  by  the  department 
of  education. 

Section  86.     {As  avie7idedhij  chaj^ter  351,  Acts  of  1921.)  ^hTidrenTn'de?^ 
No  person  shall  employ  a  child  between  fourteen  and  six-  sixteen  with-     , 

*  1   .  ■>       •  1  •  •  out  employ- 

teen  or  permit  hmi   to  work  m,   about  or  m   connection  ment  certifi- 

with   any   factory,   workshop,   manufacturing,   mechanical  forbrdden." 
or   mercantile    establishment    or    in    any   employment    as  Hfg;  ltl\  | }; 
defined  in  section  one,  other  than  street  trades  as  defined  Jlgg;  f^-^  ^ 
in   sections   sixty-nine   to   seventy-three,   inclusive,   unless  i867',2l'5f§^i. 
the   person   employing   him    procures   and    keeps   on   file,  i|76, 52^§  2. 
accessible  to  the  attendance  officers  of  the  town,  to  agents  §§  i.'o. 
of  the  department  of  education,  and  to  the  department  of  p.  s.'48, ' 
labor  and  industries  or  its  authorized  agents  or  inspectors,  isss,  348.  §  2. 
the  employment  certificate  issued  to  such  child,  and  keeps  1894',  sol; 
a  complete  list  of  the  names  and  ages  of  all  such  children  fyg|'4|4 
employed  therein  conspicuously  posted  near  the  principal  |§  2,  e.^^ 
entrance  of  the  building  where  they  are  employed;    pro-  ^|p|9'^||' 
vided,  that  pupils  in  co-operative  courses  in  public  schools  §§4,' 6. 
may  be  employed  by  any  co-operating  factory,  manufac-  §§  i^^M,  145. 
turing,  mechanical  or  mercantile  establishment  or  work-  §|W2'2.' 
shop,  or  any  employment  as  defined  in  section  one,  upon  Jgjg;  H^f  fi2; 
securing  from  the  superintendent  of  schools  a  special  cer-  ^^^•j^l/^'^-i^^- 
tificate  covering  this  type  of  employment.     Children  be-  Further 
tween  fourteen  and  sixteen  employed  in  private  domestic  penalty,  §  90. 
service  or  service  on  farms  shall  be  required  to  secure  a 
special  certificate  issued  by  the  superintendent  of  schools 
covering  such  employment.     On  termination   of  the  em- 
ployment of  a  child  whose  employment  or  special  certifi- 
cate is  on  file,   said  certificate  shall  be  returned   by  the 


3  (2),  5. 


118  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

employer  within  two  days  after  said  termination  to  the 
office  of  the  superintendent  of  schools  or  school  committee 
from  which  it  was  issued.  Any  person  who  retains  an 
employment  certificate  contrary  to  this  section  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Emplcyment  Certificates. 

Srt?ficaSr*  Section  87.  An  employment  certificate  shall  be  issued 
188T348  5  ^"^-^  ^^  *^^  superintendent  of  schools  or  by  a  person 
1894;  508!  §  19.  authorized  by  him  in  writing,  or,  where  there  is  no  super- 
R.  l'.  106,  §  30.  intendent  of  schools,  by  a  person  authorized  in  writing  by 
im  514."  ^  ^'  ^he  school  committee  of  the  town  where  the  child  to  whom 
i9io%5l'!§  3.  ^^  i^  issued  resides  during  his  employment,  or,  if  the  child 
1913*  779'  1 16-  resides  outside  the  commonwealth,  of  the  town  where  the 
805/§§5,'7.  '  child  is  to  be  employed;  provided,  that  no  member  of  a 
1919!  62;  "311,  school  committcc  or  other  person  authorized  as  aforesaid 
shall  have  authority  to  issue  such  certificate  for  any  child 
then  in  or  about  to  enter  such  person's  own  employment 
or  the  employment  of  a  firm  or  corporation  of  which  he  is 
a  member,  officer  or  employee.  If  an  employment  certificate 
is  issued  to  a  child  under  sixteen  authorizing  employment  in 
a  town  other  than  that  of  his  residence,  a  duplicate  thereof 
shall  be  sent  forthwith  to  the  superintendent  of  schools  of 
the  town  where  the  employment  is  authorized. 

The  person  issuing  an  employment  certificate  shall, 
before  issuing  it,  receive,  examine,  approve  and  file  the 
following  papers,  duly  executed: 

(1)  A  pledge  or  promise,  signed  by  the  employer  or  by 
an  authorized  manager  or  superintendent,  setting  forth  the 
character  of  the  specific  employment,  the  number  of  hours 
per  day  during  which  the  child  is  to  be  regularly  employed, 
and  the  name  and  address  of  the  employer,  in  which 
pledge  or  promise  the  employer  agrees  to  employ  the  child 
in  accordance  with  this  chapter,  and  to  return  the  employ- 
ment certificate  as  provided  in  the  preceding  section. 

(2)  The  school  record  of  such  child,  filled  out  and  signed 
as  provided  in  the  following  section,  except  when  such 
record  may  be  waived  thereunder. 

(3)  A  certificate,  signed  by  a  school  or  family  phj^sician, 
or  by  a  physician  appointed  by  the  school  committee, 
stating  that  the  child  has  been  thoroughly  examined  by 
said  physician,  and  in  his  opinion  is  in  sufficiently  sound 
health  and  physically  able  to  perform  the  work  which  the 
child  intends  to  do. 


Chap.  149.]     LABOR   AND   INDUSTRIES.  119 

(4)  Evidence  of  age,  showing  that  the  child  is  fourteen, 
which  shall  consist  of  one  of  the  following  proofs  of   age: 

(o)  A  birth  certificate,  or  a  duly  attested  transcript 
thereof,  made  by  a  registrar  of  vital  statistics  or  other 
officer  charged  with  the  duty  of  recording  births. 

(b)  A  baptismal  certificate,  or  a  duly  attested  transcript 
thereof,  showing  the  age  and  date  of  baptism  of  the  child. 

(c)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  cer- 
tificates may  accept  in  lieu  thereof  a  passport  or  a  duly 
attested  immigration  record,  or  transcript  thereof,  showing 
the  age  of  the  child,  or  other  official  or  religious  record  of 
the  child's  age;  provided,  that  it  shall  appear  to  the  satis- 
faction of  said  person  that  the  same  is  good  and  sufiicient 
evidence  of  the  child's  age. 

(d)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  onl}-^  in  such  case,  the  person  issuing  employment 
certificates  may  accept  in  lieu  thereof  a  record  of  age  as 
given  on  the  register  of  the  school  which  the  child  first 
attended  in  the  commonwealth;  provided,  that  such 
record  w^as  kept  for  at  least  two  years  during  the  time 
when  such  child  attended  school. 

(e)  If  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  cer- 
tificates may  receive  the  signed  statement  of  the  school 
physician,  or  of  the  physician  appointed  by  the  school 
committee,  stating  that  after  examination  it  is  the  opinion 
of  such  physician  that  the  child  is  at  least  fourteen.  Such 
physician's  statement  shall  be  accompanied  by  a  state- 
ment signed  by  the  child's  parent,  guardian  or  custodian, 
or,  if  such  child  has  no  parent,  guardian  or  custodian,  by 
the  signed  statement  of  the  next  adult  friend.  Such  signed 
statement  shall  contain  the  name,  date  and  place  of  birth 
and  residence  of  the  child,  and  shall  certify  that  the  par- 
ent, guardian,  custodian  or  next  friend  signing  it  is  un- 
able to  produce  any  of  the  proofs  of  age  specified  in  this 
section.  Such  statement  shall  be  so  signed  in  the  presence 
of  the  person  issuing  the  employment  certificate.  The 
person  issuing  employment  certificates  may,  before  issuing 
a  certificate,  require  the  parent,  guardian,  custodian,  or 
next  adult  friend  of  the  child  to  appear  and  approve  in 
writing  the  issuance  of  said  certificate. 

A  certificate  relating  to  the  age  or  place  of  birth  of  any 
child  or  to  any  other  fact  sought  to  be  established  in  re- 


120  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

lation  to  school  attendance  shall  be  issued,  upon  request, 
by  a  town  clerk,  and  no  fee  shall  be  charged  therefor  by 
a  town  clerk  or  other  official. 

The  superintendent  of  schools  or  a  person  authorized  by 
him  in  writing  may  revoke  the  employment  certificate  or 
home  permit  of  any  child  failing  to  attend  a  continuation 
school  or  course  of  instruction  when  so  required  by  sec- 
tions twenty-two  and  twenty-five  of  chapter  seventy-one. 
Whenever  such  a  certificate  authorizing  employment  of  a 
child  elsewhere  than  in  his  place  of  residence  is  held  by 
him  the  superintendent  of  schools  of  the  town  of  his  em- 
ployment shall  forthwith  notify  the  superintendent  of 
schools  issuing  the  certificate  of  the  child's  failure  to  com- 
ply with  said  section  twenty-two. 

School  Record. 

SSedTr"*         Section  88.     The   school  record  required   by  the  pre- 

empioyment      ccdiug  scctiou  shall  bc  filled  out  and  signed  by  the  prin- 

issue  of.  '         cipal  or  teacher  in  charge  of  the  school  which  the  child 

R.  l'.  106',  §  31.  last  attended,  and  shall  be  furnished  only  to  a  child  who, 

1905;  111'.         after  due  examination  and  investigation,  is  found  to  be  en- 

imsit;         titled  thereto.     Said  school  record  shall  state  the  grade 

i9i3^'77*9^§  17  ^^^^  completed  by  such  child  and  the  studies  pursued  in 

1916'  66°'  completion  thereof.      It   shall   state   the  number  of  days 

1919!  29'2,  §  13.  during  which  such  child  has  attended  school  during  the 

twelve  months  next  preceding  the  time  of  application  for 

said  school  record.     It  shall  also  give  the  name,  date  of 

birth,   and   the   residence   of  the   child   as   shown  on  the 

records  of  the  school  and  the  name  of  the  parent,  guardian 

or  custodian.     If  the  school  record  is  not  obtainable  from 

the  principal  or  teacher  in  charge  of  the  school  which  such 

child   last  attended,   the  requirement  of   a  school  record 

may  be  waived. 

No  such  school  record  shall  be  issued  or  accepted  and 
no  employment  certificate  granted  unless  the  child  pos- 
sesses the  educational  qualifications  described  in  section 
one  of  chapter  seventy-six;  provided,  that  a  child  over 
fourteen  who  does  not  possess  such  qualifications  may  be 
granted  a  limited  employment  certificate  good  only  on 
days  when  school  is  not  in  session. 

No  such  school  record  shall  be  issued  or  accepted  unless 
the  child  has  regularly  attended  the  public  or  other  law- 
fully approved  schools  for  not  less  than  one  hundred  and 


Chap.  149.]     LABOR   AND    INDUSTRIES.  121 

thirty  days  after  becoming  thirteen;  provided,  that  the 
school  record  may  be  accepted  in  the  case  of  a  person  who 
has  been  an  attendant  at  a  public  day  or  other  lawfully 
approved  school  for  a  period  of  not  less  than  seven  years, 
if  in  the  opinion  of  the  superintendent  of  schools  such 
person  is  mentally  incapable  of  acquiring  the  educational 
qualifications  herein  prescribed;  and  provided,  further, 
that  the  superintendent  may  suspend  this  requirement  in 
any  case  when  in  his  opinion  the  interests  of  the  child  will 
best  be  served  thereby. 

Employment  Certificates. 

Section  89.     The  employment  certificate  required  under  Contents  of 
this  chapter  shall  state  the  name,  sex,  date  and  place  of  certificate. 
birth  and  the  place  of  residence  of  the  child,  and  describe  §§4,' 9.   ' 
the  color  of  his  hair  and  eyes  and  any  distinguishing  facial  Jig";  |ol;  ^  ^' 
marks.      It   shall   certify  that   the   child   named   in   such  i898^'494;^^' 
certificate  has  personally  appeared  before  the  person  issu-  |^§  ^  ^.^g  ^  ^^ 
ing  the   certificate   and  has   been    examined,   and,   except  i909,  bu, 
in  the  case  of  a  limited  certificate,  found  to  possess  the  i9io,'257,§  4. 
educational  qualifications  described  in  section  one  of  chap-  ign!  3i6.' 
ter  seventy-six,  and  that  all  the  papers  required  by  section  |^op'  1^  0.^02! 
eighty-seven  have  been  duly  examined,  approved  and  filed 
and  that  all  the  conditions  and  requirements  for  issuing 
an  employment   certificate   have   been   fulfilled.     It  shall 
state  the  grade  last  completed  by  said  child.     Every  such 
certificate  shall  be  signed  in  the  presence  of  the  person 
issuing  the  same  by  the  child  in  whose  name  it  is  issued. 
It  shall  state  the  name  of  the  employer  for  whom,  and  the 
nature  of  the  employment  in  which,   the  certificate  au- 
thorizes the  child  to  be  employed.    It  shall  bear  a  number, 
show  the  date  of  its  issue  and  be  signed  by  the  person 
issuing  it.     No  fee  shall  be  exacted  by  a  town  clerk  or 
other   official   for   an   employment   certificate   or   for   any 
paper  required  by  sections  eighty-seven  to  ninety-five,  in- 
clusive.     No    duplicate    employment    certificate    shall    be 
issued  until  it  shall  appear  to  the  satisfaction  of  the  person 
authorized  to  issue  certificates  that  the  original  has  been 
lost.    A  record  giving  all  the  facts  contained  on  every  em- 
ployment   certificate    issued    shall    be    filed    in    the    office 
issuing  the  same,   together  with  the  papers  required  by 
section  eighty-seven.     A  record  shall  also  be  kept  of  the 
names  and  addresses  of  all  children  to  whom  certificates 


122  LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 

have  been  refused,  together  with  the  names  of  the  schools 
which  said  children  should  attend  and  the  reasons  for  re- 
fusal. All  the  aforesaid  records  and  papers  shall  be  pre- 
served until  such  children,  if  living,  have  become  sixteen. 
Such  records  and  statistics  concerning  the  issuance  of  em- 
ployment certificates  as  may  be  prescribed  by  the  depart- 
ment of  education  shall  be  kept,  and  shall  be  open  to  the 
inspection  of  said  department,  its  officers  or  agents.  The 
blank  certificates  and  other  papers  required  in  connection 
with  the  issuing  of  employment  certificates  and  educational 
certificates  under  this  chapter  shall  be  furnished  to  the 
local  school  committees  by  the  department  of  labor  and 
industries,  by  which  they  shall  be  prepared  after  conference 
with  the  department  of  education  and  the  approval  of  the 
forms  thereof  by  the  attorney  general.  Said  certificates 
and  papers  may  bear  explanatory  matter  necessary  to 
facilitate  the  enforcement  of  this  chapter  or  to  comply 
with  future  legislative  requirements. 
megaUmSy-  SECTION  90.  Whocvcr  employs  a  child  under  sixteen, 
dien^under  ^^  whocvcr  procurcs,  or,  having  under  his  control  a  child 
sixteen,  altering  under  sixtccn,  permits  him  to  be  employed  in  violation  of 
certificate,  etc.   scctiou  cighty-six,  shall  be  punished  by  a  fine  of  not  less 

1836,  245,  §  2.      , ,  .  ^i  nel        in  i         • 

1849,  220,  §  3.    than  ten  nor  more  than  iirty  dollars  or  bv  imprisonment 

1QCO       QO        R     O  rt  1  V  i 

G.  s.'  42,'  §  2.'     for  not  more  than  one  month ;    and  whoever  continues  to 
llrjslfllf-g  employ  a  child  under  sixteen  in  violation  of  said  section, 
i'883,1f24!^  ^'  *■  ^^^^^  being  notified  thereof  by  a  school  attendance  officer 
ills'  348'  §  9'    ^^  ^^  ^^  inspector,  shall  for  every  day  thereafter  while 
1894!  508'.  §  67.  such  employment  continues  be  punished  by  a  fine  of  not 
R.  L.  106'.  §  33.  less  than  fifty  nor  more  than  two  hundred  dollars  or  by 
1906.499,         imprisonment  for  not  more  than  two  months;    and  who- 
ITeCits.        ^^^^  forges,  or  procures  to  be  forged,  or  assists  in  forging  a 
1913;  779  §  19  certificate  of  birth  or  other  evidence  of  the  age  of  such 
209^Ma^ss' 489    ^^^^^'   ^^'^   whocvcr   prcscuts   Or   assists   in   presenting   a 
forged    certificate   or   evidence   of   birth   to   the    superin- 
tendent of  schools  or  to  a  person  authorized  by  law  to 
issue  certificates,  for  the  purpose  of  fraudulently  obtaining 
the  employment  certificate  required  by  section  eighty-six, 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than   five   hundred   dollars   or   by   imprisonment  for   not 
more  than  one  year,  or  both.     Whoever,  being  authorized 
to  sign  an  employment  certificate,  knowingly  certifies  to 
any  materially  false  statement  therein  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  two  hundred 
dollars.     Whoever,  without  authority,  alters  an  employ- 


Chap.  149.]     LABOR   AND   INDUSTRIES.  123 

ment  certificate  after  the  same  is  issued  shall  be  punished 
by  a  fine  of  ten  dollars. 

Section  91.     The  employer  of  any  minor  between  four-  Employer  to 
teen  and  sixteen  who  is  required  by  section  twenty-two  of  who  dots  not  "^ 
chapter  seventy-one  to  attend  a  continuation  school  or  thn^uatio^n'^''" 
course  of  instruction  shall  cease  forthwith  to  employ  such  school  if  re- 

.    .  ,  ,  .  ,  p  quired  to  do  so. 

minor  when  notified  in  writing  by  the  superintendent  of  i9i3.  805.  §  6. 
schools,  or  by  his  representative  duly  authorized  in  writing, 
having  jurisdiction  over  such  minor's  attendance,  of  his 
non-attendance  in  accordance  with  said  section.  An  em- 
ployer failing  to  comply  with  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

Section  92.     Attendance  officers  may  visit  the  factories,  Duties  of 

11  p       ,       '  I'lj  j.'i  attendance 

workshops,  manuractunng,  mechanical  and  mercantile  es-  officers  and 
tablishments,  theatres,  and  places  of  public  exhibition  in  rega?d*?oMi°gai 
their  several  towns,  and  ascertain  whether  any  children  chifd?J^^°*  °^ 
are  employed  therein  contrary  to  this  chapter,  and  shall  ^^  g^'/g^^j- 1  ^• 
report  in  writing  any  cases  of  such  illegal  employment  to  isss,  348,  §  8^ 
the  superintendent  of  schools  or  the  school  committee  and  isgs!  494!  §  8. ' 
to  the  department  or  its  authorized  officers  or  agents.    In-  igoe,'  499,'  §  2. ' 
spectors  shall  visit  all  factories,  workshops,  manufacturing,  §§°|2,^h5. 
mechanical  and  mercantile  establishments  within  their  re-  \l\l'^  ^^|  1 1^- 
spective  districts,  and  ascertain  whether  any  children  are  Penalty,  §  iso. 
employed  therein  contrary  to  this  chapter,  and  shall  enter 
complaint  against  whomever  is  found  to  have  violated  any 
of  its  provisions.     No  inspector  shall  knowingly  or  wilfully 
violate  any  provision  of  this  section. 

Section  93.     An  attendance  officer  shall  apprehend  and  o^atwin*^ 
take  to  school,  without  a  warrant,  any  minor  employed  in  "^^g^'^^-gg  §  3 
any  factory,  workshop,  manufacturing,  mechanical  or  mer-  1909!  514' 
cantile  establishment,  or  in  any  theatre  or  place  of  public  1913, '779,  §21. 
exhibition  contrary  to  this  chapter;    and  such  attendance  Penalty,  §  1  so. 
officer  shall  forthwith  report  to  the  district  court  or  trial 
justice  within  whose  judicial  district  the  illegal  employ- 
ment occurs  the  evidence  in  his  possession  relating  to  the 
illegal  employment  of  any  minor  so  apprehended,  and  shall 
make  complaint  against  whomever  the  court  or  trial  jus- 
tice may  direct.     No  attendance  officer  shall  knowingly 
and  wilfully  violate  any  provision  of  this  section. 


124 


LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 


Educational 
certificates, 
etc.,  to  be 
shown  on  re- 
quest of 
officials. 
1878,  257,  §  3. 
P.  S.  48,  §  6. 
1888,  348, 
§§  8,  9. 
1894,  508, 
§§  23,  67. 
1898,  494, 
§§6,8. 
R.  L.  106, 
§§  33,  34. 
1906,  499, 
§§  4,  6. 


Educational 
certificates  for 
minors  be- 
tween sixteen 
and  twenty- 
one. 

1887,  433,  §  2. 

1888,  348,  §  9. 

1889,  135. 
1891,  317. 
1894,  508, 
§§  24,  67. 
1898,  494. 
§§6,7. 
R.  L.  106, 
§§  33,  35. 
1902,  183. 
1906,  499, 
§§4,6. 
1909,  514, 

§§  64,  66,  145. 
1913,  779, 
§§  22,  23. 
1916,  95,  §  3. 
1921,  341. 

Further 
penalty,  §  97. 


Educational  Certificates. 

Section  94.  (As  aviended  hy  chapter  351,  Acts  of  1921.) 
Inspectors,  agents  of  the  department  of  education  and 
attendance  officers  may  require  that  the  employment  of 
educational  certificates  and  lists  of  minors  employed  in 
any  establishment  or  occupation  for  which  employment  or 
educational  certificates  are  required  shall  be  produced  for 
their  inspection.  A  failure  so  to  do  upon  request  shall  be 
prima  facie  evidence  of  the  illegal  employment  of  any 
minor  whose  certificate  is  not  produced  or  whose  name  is 

not    so    listed.  1909.  514,  §§  64,  145.  1913,  779,  §  22. 


1919,  350,  §  56. 


1921,  351,  §  3. 


Section  95.  {As  amended  hy  chapter  341,  Acts  of  1921.) 
No  minor  over  sixteen  and  under  twenty-one  shall  be  em- 
ployed in  a  factory,  workshop,  manufacturing,  mechanical 
or  mercantile  establishment,  or  in  a  public  or  private 
bowling  alley,  pool  or  billiard  room,  bootblack  stand  or 
establishment,  barber  shop,  or  in  the  construction  or  re- 
pair of  buildings,  or  by  an  express  or  transportation  com- 
pany, except  as  provided  for  pupils  in  co-operative  courses, 
unless  his  employer  procures  and  keeps  on  file  an  educa- 
tional certificate  showing  the  age  of  the  minor  and  his 
ability  or  inability  to  read  and  write  as  hereinafter  pro- 
vided. Such  certificates  shall  be  issued  by  the  person  au- 
thorized by  section  eighty-seven  to  issue  employment  cer- 
tificates. The  person  authorized  to  issue  such  educational 
certificates  shall,  so  far  as  practicable,  require  the  proof  of 
age  stated  in  said  section.  He  shall  examine  the  minor 
and  certify  whether  or  not  he  possesses  the  educational 
qualifications  described  in  section  one  of  chapter  seventy- 
six.  Every  such  certificate  shall  be  signed,  in  the  presence 
of  the  person  issuing  it,  by  the  minor  in  whose  name  it  is 
issued. 

Every  employer  of  such  minor  shall  keep  their  educa- 
tional certificates  accessible  to  any  officer  mentioned  in 
section  ninety-two  and  shall  return  said  certificates  to  the 
office  from  which  they  were  issued  within  two  days  after 
the  date  of  the  termination  of  the  employment  of  said 
minors.  If  the  educational  certificate  of  any  minor  over 
sixteen  and  under  twenty-one  fails  to  show  that  said  minor 
possesses  the  educational  qualifications  described  in  sec- 
tion one  of  chapter  seventy-six,  no  person  shall  employ 


Chap.  149.]     LABOR  AND  INDUSTRIES.  125 

such  minor  while  a  public  evening  school  is  maintained  in 
the  town  where  the  minor  resides,  unless  such  minor  is  a 
regular  attendant  at  such  evening  school  or  at  a  day  school 
and  presents  to  his  employer  each  week  a  school  record 
of  such  attendance.  When  such  record  shows  unexcused 
absences,  such  attendance  shall  be  deemed  to  be  irregular 
and  insufficient.  The  person  authorized  to  issue  educa- 
tional certificates,  or  teachers  acting  under  his  authority, 
may,  however,  excuse  justifiable  absence  or  waive  the 
school  attendance  requirements  of  this  section  if  in  the 
opinion  of  the  school  physician  the  physical  or  mental  con- 
dition of  a  minor  is  such  as  to  render  attendance  harmful 
or  impracticable.  Whoever  retains  an  educational  certifi- 
cate contrary  to  this  section  or  fraudulently  secures  or 
alters  such  certificate  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

Section  96.     Sections  eighty-six  to   ninety-five,   inclu-  Application  of 

,      ,,  ,       1  •!  1  !•  p  •     •  sections  86  to 

sive,  shall  not  prevent  children  oi  any  age  from  receivmg  95,  inclusive. 
manual  training  or  industrial  education  in  or  in  connection  1919;  350;  §  50! 
with  any  school  in  the  commonwealth  duly  approved  by 
the  local  school  committee  or  by  the  department  of  educa- 
tion. 

Section  97.     Whoever  employs  a  minor  in  violation  of  j^fegai'^empLy- 
section  ninetv-five  shall  be  punished  by  a  fine  of  not  more  ment  of  minor 

•  ,,  '^  ^  without  educa- 

than  one  hundred  dollars.  tionai  certifi- 

cate. 


1887,  433,  §  2. 

1894,  508,  §  70. 

1902,  183. 

1889,  135. 

1898,  494,  §  7. 

1909,  514,  §§  66,  145. 

1891,  317. 

R.  L.  106,  §  35. 

1913,  779,  §  23. 

Section  98.     A  parent,  guardian  or  custodian  who  per-  Penalty  on 
mits  a  minor  to  be  employed  in  violation  of  section  ninety-  afio^ing^mi'nor 
five  shall  be  punished  by  a  fine  of  not  more  than  twenty  without™e&^ 
dollars.     Fines  imposed  under  this  and  the  preceding  sec-  tio°^i  certifi- 
tion  shall  enure  to  the  use  of  the  evening  schools  of  the  1887, 433,  §  2. 
town  where  the  violation  occurs.  isoi!  3i7. 

1894,  508,  §  70.       R.  L.  106,  §  35.       1909,  514,  §§  66,  145. 
1898,  494,  §  7.        1902,  183.  1913,  779,  §  23. 

Theatrical  Exhibitions. 

Section  104.     No  person  shall  employ,  exhibit  or  sell,  Sn'nor*^^" 
apprentice  or  give  away,  a  child  under  fifteen  for  the  pur-  appeaMn°the- 
pose  of  employing  or  exhibiting  him  in  dancing  on  the  ^fj^f  •g^c'"''''' 
stage,  playing  on  musical  instruments,  singing,  walking  on  i877,'^y2. 
a  wire  or  rope,  or  riding  or  performing  as  a  gymnast,  con-  1894,  508, 
tortionist  or  acrobat  in  a  circus,  theatrical  exhibition  or  in  i898,'394. 
any  public  place,  or  cause,  procure  or  encourage  such  child  f-^^;  ^°^' 


126 


LAWS  RELATING  TO  EDUCATION.    [Chap.  149. 


1909,  514, 
§§  76.  145. 
204  Mass.  18. 


License  not  to 
be  granted  for 
exhibitions  in 
which  children 
under  fifteen 
take  part. 
1874,  279. 
1880,  88. 
P.  S.  48,  §  9. 
1894,  508,  §  50. 
R.  L.  106,  §  46. 
1909,  514, 
§§  77,  145. 


to  engage  therein;  but  this  section  shall  not  prevent  the 
education  of  children  in  vocal  and  instrumental  music  or 
dancing  or  their  employment  as  musicians  in  a  church, 
chapel,  school  or  school  exhibition,  or  prevent  their  taking 
part  in  any  festival,  concert  or  musical  exhibition  upon  the 
special  written  permission  of  the  aldermen  or  selectmen. 
Whoever  violates  this  section  shall  be  punished  by  a  fine 
of  not  more  than  two  hundred  dollars  or  by  imprisonment 
for  not  more  than  six  months. 

Section  105.  A  license  shall  not  be  granted  for  a 
theatrical  exhibition  or  public  show  in  which  children  under 
fifteen  are  employed  as  acrobats  or  contortionists  or  in  any 
feats  of  gymnastics  or  equestrianism,  or  in  which  such 
children  attending  the  public  schools  are  employed  or 
allowed  to  take  part  as  performers  on  the  stage  in  any 
capacity,  or  if,  in  the  opinion  of  the  board  authorized  to 
grant  licenses,  such  children  are  employed  in  such  a 
manner  as  to  corrupt  their  morals  or  impair  their  health; 
but  this  section  shall  not  prevent  granting  the  special  per- 
mission authorized  by  the  preceding  section. 


Weekly  pay- 
ment of  wages. 
1879,  128. 
P.  S.  28,  §  12. 

1886,  87, 
§§  1.  2. 

1887,  399,  §  1. 
1891,  239,  §  1. 

1894,  508, 
§§  51,  65. 

1895,  438. 
1896,241;  334. 

1898,  481. 

1899,  247. 

1900,  470. 

R.  L.  106,  §  62. 
1902,  450. 

1906,  427. 

1907,  193. 

1908,  650. 

1909,  514, 
§§  112,  145. 

1910,  350. 

1911,  208. 

1914,  247. 

1915,  75. 

1916,  229. 

1918,  87. 

1919,  350, 
§  117. 

163  Mass.  589. 
170  Mass.  140. 
172  Mass.  230. 
193  Mass.  537. 
195  Mass.  548. 
206  Mass.  417. 
2  Op.  A.  G.  175. 
Op.  A.  G. 
(1919)  112. 


WEEKLY   PAYMENT   OF   WAGES. 

Section  148.  Every  person  engaged  in  carrying  on  a 
hotel  or  club  in  a  city,  or  a  factory,  workshop,  manu- 
facturing, mechanical  or  mercantile  establishment,  mine, 
quarry,  railroad  or  street  railway,  or  telephone,  telegraph, 
express  or  water  company,  or  in  the  erection,  alteration, 
repair  or  removal  of  any  building  or  structure,  or  the  con- 
struction or  repair  of  any  railroad,  street  railway,  road, 
bridge,  sewer,  gas,  water  or  electric  light  works,  pipes  or 
lines,  shall  pay  weekly  each  employee  engaged  in  his  busi- 
ness the  wages  earned  by  him  to  within  six  days  of  the 
date  of  said  payment;  but  any  employee  leaving  his  em- 
ployment shall  be  paid  in  full  on  the  following  regular  pay 
day;  and  any  employee  discharged  from  such  employment 
shall  be  paid  in  full  on  the  day  of  his  discharge,  or  in 
Boston  as  soon  as  the  laws  requiring  pay  rolls,  bills  and 
accounts  to  be  certified  shall  have  been  complied  with; 
and  the  commonwealth,  its  departments,  officers,  boards 
and  commissions  shall  so  pay  every  mechanic,  workman 
and  laborer  employed  by  it  or  them,  and  every  person  em- 
ployed by  it  or  them  in  any  penal  or  charitable  institution; 
and  every  county  and  city  shall  so  pay  every  employee 


Chap.  143.]    INSPECTION  OF  BUILDINGS. 


127 


engaged  in  its  business  the  wages  or  salary  earned  by  him, 
unless  such  mechanic,  workman,  laborer  or  employee  re- 
quests in  writing  to  be  paid  in  a  different  manner;  and 
every  town  shall  so  pay  each  employee  in  its  business  if  so 
required  by  him;  but  an  employee  absent  from  his  regular 
place  of  labor  at  a  time  fixed  for  payment  shall  be  paid 
thereafter  on  demand.  This  section  shall  not  apply  to  an 
employee  of  a  co-operative  corporation  or  association  if  he 
is  a  stockholder  therein  unless  he  requests  such  corpora- 
tion to  pay  him  weekly.  The  department  of  public  utili- 
ties, after  hearing,  may  exempt  any  railroad  corporation 
from  paying  weekly  any  of  its  employees  if  it  appears  that 
such  employees  prefer  less  frequent  payments,  and  that 
their  interests  and  the  interests  of  the  public  will  not 
suffer  thereby.  No  person  shall  by  a  special  contract  with 
an  employee  or  by  any  other  means  exempt  himself  from 
this  section  or  section  one  hundred  and  fifty.  Whoever 
violates  this  section  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  fiftv  dollars. 


CHAPTER    143. 

INSPECTION  AND  REGULATION  OF,  AND  LICENSES  FOR, 
BUILDINGS,  ELEVATORS  AND  CINEMATOGRAPHS. 


Sect. 

general  provisions. 

1.  Definitions. 

INSPECTION    OF   BUILDINGS. 

15.  Construction  of  public  buildings. 

16.  Penalty. 

21.  Fire  escapes,  exits,  etc. 

22.  Fire  escapes  to  be  kept  clear. 

23.  Stairways  to  be  kept  clear. 

24.  Fire  extinguishers,  etc. 


Sect. 

25.  Wooden  flues,  etc.,  prohibited. 

28.  Certificate  of  inspection. 

30.  Notice  of  change  in  use  of  building. 

32.  Schoolhouses  in  cities  to  have  fire  es- 
capes. 

42.  Ventilation  and  sanitation.  Inspec- 
tion by  department  of  public 
health. 

50.  Penalty  for  hindering  inspector,  etc. 

53.  General  penalty. 


GENERAL  PROVISIONS. 

Section  1.     In  this  chapter  the  following  terms,  unless  Definitions. 
a  contrary  meaning  is  required  by  the  context  or  is  spe-  i904,"450,'§  i.  ' 
cifically  prescribed,  shall  have  the  following  meanings:        655^§§\^4!^ ^* 

"Alteration",  changes  in  or  addition  to  a  building.  loefi'L^' 

"Department",  department  of  public  safety. 


128 


LAWS  RELATING  TO  EDUCATION.    [Chap.  143. 


"Miscellaneous  hall",  a  building  or  part  thereof  con- 
taining an  assembly  hall  with  a  seating  capacity  of  not 
more  than  four  hundred,  a  society  hall,  or  a  hall  in  a 
public  or  private  school  building. 

"Public  building",  any  building  or  part  thereof  used  as 
a  public  or  private  institution,  schoolhouse,  church,  the- 
atre, special  hall,  public  hall,  miscellaneous  hall,  place  of 
assemblage  or  place  of  public  resort. 

"Repair",  the  reconstruction  or  renewal  of  a  building 
or  part  thereof  damaged  by  fire  or  other  cause. 


Construction 
of  public 
buildings. 
1888,  316,  §  1. 

1892,  419, 
§  138. 

1893,  199,  §  1. 

1894,  382,  §  3; 
481,  §§  25,  39. 
R.  L.  104, 

§§  22,  53. 
1913,  655, 
§§  15,  52. 
230  Mass.  306. 

3  0p.  A.  G.  231. 

4  Op.  A.  G.  347. 
Op.  A.  G. 
(1919)  46. 


INSPECTION   OF   BUILDINGS. 

Section  15.  Except  in  Boston,  no  building  which  is  de- 
signed to  be  used,  or  in  which  alteration  shall  be  made  for 
the  purpose  of  using  it,  or  continuing  its  use,  in  whole  or 
in  part,  as  a  pubhc  building,  .  .  .  shall  be  erected,  and  no 
alteration  shall  be  made  therein,  until  a  copy  of  the  plans 
and  specifications  thereof  has  been  deposited  with  the 
supervisor  of  plans  by  the  person  causing  its  erection  or 
alteration  or  by  the  architect  thereof.  Such  plans  and 
specifications  shall  include  those  for  heating,  ventilation 
and  sanitation,  if  the  supervisor  of  plans  so  requires.  Such 
building  shall  not  be  so  erected  or  altered  without  suSi- 
cient  egresses  and  other  means  of  escape  from  fire,  prop- 
erly located  and  constructed.  The  supervisor  of  plans 
may  require  that  stairways  shall  be  enclosed,  that  they 
shall  have  suitable  landings,  that  they  shall  be  provided 
with  hand  rails,  that  egress  doors  and  windows  shall  open 
outward  and  have  approved  hardware,  that  places  of 
egress  shall  be  properly  lighted  and  designated,  and  that 
proper  fire  stops  shall  be  provided  in  the  floors,  walls, 
partitions  and  stairways  of  such  building.  He  may  make 
such  further  requirements  as  may  be  necessary  to  prevent 
the  spread  of  fire  or  its  communication  from  any  steam 
boiler  or  heating  apparatus  therein.  The  certificate  of 
approval  by  the  supervisor  of  plans  of  such  plans  and 
specifications,  endorsed  with  the  approval  of  the  chief  of 
inspections  of  the  department,  or  a  specification  of  re- 
quirements necessary  for  compliance  with  sections  fifteen 
to  sixty,  inclusive,  set  forth  in  detail  and  so  endorsed, 
shall  be  issued  to  the  person  causing  its  erection  or  alter- 
ation, or  to  the  architect  thereof,  and  a  copy  of  the  same. 


Chap.  143.]    INSPECTION  OF  BUILDINGS.  129 

together  with  the  plans,  shall  then  be  turned  over  to  the 
inspector  in  whose  district  the  building  is  to  be  erected  or 
altered,  who  shall  enforce  the  requirements  thereof  and 
supervise  such  erection  or  alteration.  After  a  certificate 
of  approval  or  a  specification  of  requirement  has  been 
issued,  no  change  shall  be  made  in  the  plans  or  specifica- 
tion or  in  the  building  without  the  written  permission  of 
the  supervisor  of  plans. 

Section  16.     Whoever,  except  in  Boston,  erects,  con-  Penalty. 
structs  or  makes  alteration  in  a  building,  or  draws  plans  1892!  419; 
or  specifications,  or  saperintends  the  erection,  construction  fsg^^gg,  §  2. 
or  alteration  of  a  building  in  violation  of  sections  fifteen  to  4|if'§§^|6,^3|; 
sixty,  inclusive,  shall  be  punished  by  a  fine  of  not  less  than  |^j  ^^  ^o|' 
fifty  nor  more  than  one  thousand  dollars.    i9i3,  ess.  §§  le,  52. 

Section  21.     Except  in  Boston,  any  building  in  whole  Fire  escapes, 
or  in  part  used  as  a  public  building,  .  .  .  shall  be  provided  mi,  214, 
with  proper  egresses  or  other  means  of  escape  from  fire  suffi-  flso,  ^i'97^' 
cient  for  the  use  of  all  persons  accommodated  .   .  .  therein ;  ^^  ^5]%] 
but  no  owner,  lessee  or  mortgagee  in  possession  of  such  Jlgi'^'ael' 
building  shall  be  deemed  to  have  violated  this  provision  |L\'  25,' 
unless  he  has  been  notified  in  writing  by  an  inspector  as  i888;207; 
to  what  additional  egresses  or  means  of  escape  from  fire  1894.  48i,  §  24. 
are  necessary,  and  for  thirty  days  has  neglected  or  re-  r/l.'  lol.'    ^' 
fused  to  provide  the  same.     The  egresses  and  means  of  i9o^7%^o^3,  §  1. 
escape   shall   be   kept   unobstructed,   in   good   repair   and  §f ^2^5  ^5^2^' 
ready  for  use,  and,  if  the  inspector  so  directs  in  writing,  JSl'jj^^'  |/- 
every  such  egress  shall  be  properly  lighted  and  provided  lei  Mass!  3s! 
with  a  sign  having  on  it  the  word  "Exit"  in  letters  not  3 Op. a.^g. 319. 
less  than  five  inches  in  height,  and  so  made  and  placed  ^  ^^"  ^'  ^'  ^^^' 
as  plainly  to  indicate  to  persons  within  the  building  the 
situation  of  such  egresses;    stairways  shall  have  suitable 
hand   rails;    egress   doors   and    windows   shall   open   out- 
wardly .  .  .  The  certificate  of  the  inspector  shall  be  con- 
clusive evidence  of  a  compliance  with  the  said  requirements. 
Portable  seats  shall  not  be  allowed  in  the  aisles  or  passage- 
ways of  such  buildings  during  any  service  or  entertain- 
ment held  therein.    Stairways  on  the  outside  of  the  build- 
ing shall  have  suitable  railed  landings  at  each  story  above 
the  first,  accessible  at  each  story  from  doors  or  windows, 
and  such  landings,  doors  and  windows  shall  be  kept  clear 
of  ice,  snow  and  other  obstructions. 

Section  22.     Any  article  placed  upon  a  fire  escape  or  Fire  escapes 
an  outside  means  of  egress  of  any  building  is  hereby  de-  dear. 
Glared  a  common  nuisance.    Any  court  authorized  to  issue  ^     '      '^  ' 


130 


LAWS  RELATING  TO  EDUCATION.    [Chap.  143. 


Stairways  to  be 
kept  clear. 
1905,  347,  §  2. 


§9. 


Fire  extin- 
guishers, etc 
1877,  214, 
§§  4,  9. 
P.  S.  104, 
§§  19,  23. 
1888,  426, 
1894,  481, 
§§  34,  39. 
R.  L.  104, 
§§  26,  53. 
1913,  655, 
§§  21,  52. 


Wooden 
flues,  etc., 
prohibited. 
1885,  326. 
1888,  316,  §  1; 
426,  §  8. 

1892,  419, 
§  138. 

1893,  199,  §  1. 

1894,  481, 

§§  25,  33,  39. 
R.  L.  104, 
§§  23,  53. 
1913,  655, 
§§  22,  52. 


warrants  in  criminal  cases  may,  upon  complaint  under 
oath  made  by  any  police  officer  that  any  article  is  placed 
or  maintained  upon  a  fire  escape  or  outside  means  of 
egress  of  any  building,  issue  a  warrant  to  bring  such  article 
when  found  before  a  court  having  jurisdiction  of  the  same, 
and  all  articles  seized  under  the  authority  of  such  a  war- 
rant shall  be  disposed  of  in  like  manner  as  gaming  imple- 
ments seized  under  chapter  two  hundred  and  seventy-six. 
Any  owner,  lessee,  tenant  or  occupant  of  any  building  who 
maintains  or  permits  to  remain  upon  any  fire  escape  or 
outside  means  of  egress  of  any  building  any  article  for 
more  than  twenty  minutes  shall  be  punished  by  a  fine  of 
not  more  than  one  hundred  dollars.  The  existence  of  any 
article  upon  a  fire  escape  or  outside  means  of  egress  of  any 
building  shall  be  prima  facie  evidence  that  such  article 
was  so  placed,  maintained  or  permitted  to  remain  by  the 
occupant  of  the  premises  having  access  from  said  building 
to  said  fire  escape  or  outside  means  of  egress. 

Section  23.  Every  stairway  of  every  building  shall  be 
kept  free  and  unobstructed,  and  any  person  who  permits 
any  article  to  remain  in  any  stairway  of  any  building  in 
such  a  manner  as  may  impede  the  egress  of  any  person 
lawfully  in  said  building  or  the  ingress  of  any  person  law- 
fully entitled  to  enter  said  building  shall  be  punished  by 
a  fine  of  not  more  than  five  hundred  dollars.  The  exist- 
ence of  any  article  in  any  such  stairway  in  any  building 
shall  be  prima  facie  evidence  that  it  was  placed  or  per- 
mitted to  remain  therein  by  the  owner,  lessee,  tenant  or 
occupant  of  the  building. 

Section  24.  Except  in  Boston,  the  basement  and  each 
story  of  a  building  which  is  subject  to  section  twenty-one 
shall  be  supplied  with  means  of  extinguishing  fire,  consist- 
ing of  a  hose  attached  to  a  suitable  water  supply  and 
capable  of  reaching  any  part  of  such  basement  or  story, 
or  of  such  portable  apparatus  as  the  inspector  shall  direct; 
and  such  appliances  shall  be  kept  at  all  times  ready  for 
use  and  in  good  condition. 

Section  25.  Except  in  Boston,  no  wooden  flue  or  air 
duct  for  heating  or  ventilating  purposes  shall  be  placed  or 
remain  placed  in  any  building  subject  to  sections  fifteen 
and  twenty-one,  and  no  pipe  for  conveying  hot  air  or 
steam  in  such  building  shall  be  placed  or  remain  placed 
within  one  inch  of  any  woodwork,  unless  protected  to  the 
satisfaction  of  the  inspector  by  suitable  guards  or  casings 
of  incombustible  material. 


Chap.  143.]      INSPECTION  OF  BUILDINGS.  131 

Section  28.     Except  in  Boston  and  as  otherwise  pro-  certificate 
vided    by   law,    the   inspectors    shall   from    time   to   time  i888T2'6,'T2. 
examine    all    buildings    within    their    respective    districts  fi^fg.^^^' 
which  are  subject  to  sections  fifteen  to  sixty,   inclusive.  §§^1^*3^9; 
If  in  the  judgment  of  any  such  inspector  such  building  R^  l^'io4. 
conforms  to  the  requirements  of  said  sections  for  buildings  1913, 655, 
of  its  class,  he  shall  issue  to  the  owner,  lessee  or  occupant  4 Op.A. g. 305. 
thereof,  or  of  any  portion  thereof  used  in  the  manner  de- 
scribed in  section  twenty-one  a  certificate  to  that  effect, 
specifying  the  number  of  persons  for  whom  the  egresses 
and  means  of  escape  from  fire  are  sufficient.     Such  certifi- 
cate shall  continue  in  force  for  not  more  than  five  years 
after  its  date,  but  so  long  as  it  continues  in  force  it  shall 
be  conclusive  evidence  of  a  compliance  with  said  section 
by  the  person  to  whom  it  is  issued.     It  shall  be  void  if  a 
greater  number  of  persons  than  is  therein  specified  are 
accommodated  or  employed,  or  assemble,  lodge  or  reside 
within  such  building  or  portion  thereof,  or  if  such  building 
is  used  for  any  purposes  materially  different  from  the  pur- 
pose for  which  it  was  used  at  the  time  of  the  granting 
thereof,  or  if  its  interior  arrangement  is  materially  altered, 
or  if  any  egresses  or  means  of  escape  from  fire  in  such 
building  at  the  time  of  granting  the  said  certificate  are 
rendered    unavailable    or    are    materially    changed.      The 
certificate  may  be  revoked  by  an  inspector  at  any  time 
upon  written  notice  to  the  holder  thereof  or  to  the  occu- 
pant of  the  premises  for  which  it  was  granted,  and  shall  so 
be  revoked  if,   in  the   opinion  of  the   inspector,   circum- 
stances have  so  changed  that  the  existing  egresses  and 
means  of  escape  are  not  proper  and  sufficient.     A  copy  of 
said  certificate  shall  be  kept  posted  in  a  conspicuous  place 
upon  each  story  of  such  building  by  the  occupant  of  the 
premises  covered  thereby. 

Section  30.  Except  in  Boston,  if  any  change  shall  be  Notice  9f 
made  upon  premises  for  which  such  certificate  has  been  of  building. 
issued  or  in  the  use  thereof  which  would  render  the  certifi-  \lll\  HI] 
cate  void  according  to  section  twenty-one,  the  person  fgg^^si, 
making  such  change  shall  forthwith  give  written  notice  g  29.^39.^ 
thereof  to  an  inspector  for  the  district  or  to  the  commis-  ll^ig^-gll 
sioner  of  public  safety.  §§  27, 52.' 

Section  32.     If  a  schoolhouse  in  any  city,  except  Bos-  schodhousM  in 
ton,  has  not  been  provided  with  a  safe  and  proper  egress  l\e^eaclpes'!° 
or  other  means  of  escape  from  fire,  as  required  by  sections  Hif §^lo.' 
fifteen   to   sixty,   inclusive,   within   six   months   after   the  fg^^.  104.  §  11. 
written  notice  provided  for  in  the  preceding  section,  the 


132  LAWS  RELATING  TO  EDUCATION.    [Chap.  143. 

mayor,  for  the  purpose  of  conforming  to  the  provisions  of 
this  chapter  relative  to  egresses  or  other  means  of  escape 
from  fire  in  schoolhouses,  may,  upon  petition  of  one  hun- 
dred citizens  or  taxpayers  in  such  city,  authorize  the  ex- 
penditure upon  such  schoolhouse  of  not  more  than  fifteen 
per  cent  of  the  cost  thereof,  payable  from  any  money  in 
the  treasury  of  that  city  which  is  not  otherwise  appro- 
priated. 
and^sanVtation.       SECTION  42.     Every  public  building  as  defined  in  section 
de^artment^of    ^^^'  ^^ccpt  schoolhouscs  in  which  pubHc  or  private  in- 
pubiioheaith.     structiou   is   afforded   to   less   than   eleven   pupils   at   one 
§§40,41.'         time,   shall  be  kept  clean  and  free  from  effluvia  arising 
3  0p!a.  G.  192.  from  any  drain,  privy  or  nuisance,  shall  be  provided  with 
a  sufficient  number  of  proper  water  closets,  earth  closets 
or  privies,  and  shall  be  ventilated  in  such  a  manner  that 
the  air  shall  not  become  so  impure  as  to  be  injurious  to 
health.      If   it   appears   to   an   inspector   that   further   or 
different  heating,  ventilating  or  sanitary  provisions  are  re- 
quired in  any  such  public  building,  in  order  to  conform  to 
the  requirements  of  this  section,  and  that  such  require- 
ment can  be  provided  without  unreasonable  expense,  he 
may  issue  a  written  order  to  the  proper  person  or  au- 
thority, directing  such  heating,  ventilating  or  sanitary  pro- 
visions to  be  provided.    A  school  committee,  public  officer 
or  person   who   has  charge  of,   owns   or  leases  any  such 
public  building,   who  neglects  for  four  weeks  to  comply 
with  the  order  of  such  inspector,  shall  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars.     The  district 
health  officers  or  such  other  officers  as  the  department  of 
public  health  may  from  time  to  time  appoint  shall  make 
such  examinations  of  school  buildings  subject  to  this  sec- 
tion as  in  the  opinion  of  the  department  the  protection  of 
the  health  of  the  pupils  may  require.     This  section  shall 
not  apply  to  Boston. 
hhX'rmgTn-         Section  50.     Any  person  who  hinders  or  prevents  or 
i904!°4'^5a  "§  12.  attempts  to  prevent  the  commissioner  of  public  safety,  the 
1913'  655  1 49  ^^^^^  ^^  inspcctious  of  the  department  or  any  inspector 
from  entering  any  building,  structure  or  enclosure  or  part 
thereof  in  the  performance  of  his  duty  in  the  enforcement 
of  the  laws  of  the  commonwealth  relating  thereto  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  one 
hundred  dollars. 
penaYty.  SECTION  53.     Whocver,  being  the  owner,  lessee  or  occu- 

ilii;  326.'  §  I;    P^^^   o^   a^y    building   described   in   section    twenty-one, 


Chap.  146.]    INSPECTION  OF  STEAM  BOILERS. 


133 


violates  any  provision  of  sections  fifteen  to  fifty-two,  in-  isss,  426,  §  12. 
elusive,   for   which   no   other   penalty   is   specifically   pre-  48i,  '§§  ed,  62.' 
scribed,  shall  be  punished  by  a  fine  of  not  less  than  fifty  §§55,56.' 
nor  more  than  five  hundred  dollars.  ^^^^'  ^^^'  ^  ^• 


CHAPTER    146 


INSPECTION  OF  STEAM   BOILERS. 


Sect. 
1.  Definitions. 

INSPECTION    OP    BOILERS. 

5.  Duties  of  inspectors  of  the  division. 

6.  Annual  inspection. 

7.  Certain  boilers  excepted. 

8.  BoUers  not  to  be  operated  without 

inspection. 

9.  Boiler  not  to  be  operated  in  excess  of 

prescribed  pressure. 

10.  Report  of  uninsured  boiler. 

11.  Duties  of  inspector. 

12.  Tampering  with  safety  appliance. 

13.  Inspection  by  insurance  companies  or 

inspectors  of  the  division. 


Sect. 

20.  Safety  appliances. 

21.  Preparation  of  boiler  for  inspection. 

23.  Certificate   of  inspection   by   the   di- 

vision. 

24.  Inspected  boiler  to   be   stamped   or 

tagged. 

25.  Certificate  of  inspection  by  insurance 

company. 

26.  First  inspection. 

28.  Safety  plug. 

29.  Notice  of  defect  in  boiler. 

30.  Uninsured  boiler  not  to  be  operated. 

31.  Hydrostatic  pressure  test. 

32.  Hindering  inspector  forbidden. 

33.  Penalty. 


Section  1.     The  following  words  as  used  in  this  chap-  Definitions. 
ter  unless  a  contrary  meaning  is  specifically  prescribed  or 
the   context   otherwise   requires   shall   have   the   following 
meanings: 

•         ,«  •  •  •  •  •  •  •  •  • 

"Commissioner",  the  commissioner  of  public  safety. 
"Department",  the  department  of  public  safety. 


INSPECTION   OF   BOILERS. 


Section  5.  The  division  shall  enforce  this  chapter  and 
the  rules  of  the  board  except  when  otherwise  provided. 
All  inspectors  of  the  division  may  enter  any  premises  in 
the  pursuance  of  their  duty. 


Duties  of 
inspectors  of 
the  division. 
1895,  471, 
§§  5,  8. 
1899,  368, 
§§8,11. 


R.  L.  102,  §  86. 

1905,  310,  §  3;  472,  §  ?.. 

1906,  387,  §  6. 


1907,  465,  §  28. 
1909,  393,  §  3. 
1911,  656,  §  6. 


1913,  610.  §  4. 

1914,  467,  §  5. 

1915,  259,  §  11. 


Section  6.  All  steam  boilers  and  their  appurtenances 
except  those  specified  in  the  following  section  shall  be 
thoroughly   inspected   externally   and    internally   at   least 


once  a  vear. 

1908,  563,  §  1. 


1907,  465,  §  1. 
1909,  393,  §  1.  1912,  531,  §  1. 


Annual 
inspection. 
1895,  418,  §  2. 
1898,  167. 
R.  L.  105,  §{. 
1906,  387,  §  1. 


134 


LAWS  RELATING  TO  EDUCATION.    [Chap.  146. 


Certa 

lin  boilers 

excepted. 

1895, 

418, 

§§1. 

2. 

1898. 

167. 

R.  L. 

105, 

§§2, 

3. 

1905, 

472, 

§1. 

1906, 

387, 

§1. 

1907, 

465, 

§  1. 

1908. 

563, 

§1. 

Boilers  not  to 

be  operated 

without 

inspection 

1906, 

387, 

§2. 

1907, 

465, 

§  19, 

1912, 

531, 

§1. 

Penalty,  §  33. 

Boiler  not  to 

be  operated  in 

excess  of 

prescribed 

pressure. 

1907, 

465, 

§  1. 

1908, 

563, 

§  1. 

1909, 

393, 

§  1. 

1912, 

531, 

§  1. 

Penalty,  §  33. 

Report  of 

uninsured 

boiler. 

1895, 

418, 

§  1. 

R.  L. 

105, 

§  2. 

1907, 

465, 

§2. 

1912, 

531, 

,§2. 

1913, 

610, 

§4. 

Penalty,  §  33. 

Duties  of 
inspector. 
1907,  465,  §  3. 


Tampering 
with  safety 
appliance. 
1895,  418,  §  4. 
R.  L.  105,  §  5. 
1907,  465,  §  3. 

Inspection  by 
insurance  com- 
panies or 
inspectors  of 
the  division. 


Section  7.  The  preceding  section  shall  not  apply  .  .  . 
to  boilers  used  in  private  residences,  nor  to  those  used  solely 
for  heating  public  buildings  or  apartment  houses  which 
carry  pressures  not  exceeding  fifteen  pounds  to  the  square 
inch  and  have  less  than  four  square  feet  of  grate  surface, 
nor  to  boilers  of  not  more  than  three  horse  power.  .  .  . 

1909,  393,  §§  1,  3.  1912,  531,  §  1. 

Section  8.  No  person  shall  operate  or  cause  to  be 
operated  any  boiler  required  by  this  chapter  to  be  in- 
spected until  it  has  been  inspected,  and  the  certificate  of 
inspection  required  by  section  twenty-three  or  twenty-five 
has  been  issued  and  so  placed  in  the  engine  or  boiler  room 
of  the  plant  as  to  be  easily  read.  .  .  . 

Section  9.  No  person  shall  operate  or  cause  to  be 
operated  any  boiler  required  by  this  chapter  to  be  in- 
spected at  pressures  in  excess  of  the  safe  working  pressure 
ascertained  by  the  rules  of  the  board  and  stated  in  the 
certificate  of  inspection  nor  unless  the  boiler  is  equipped 
with  such  safety  appliances  as  are  prescribed  by  the 
board. 

Section  10.  Whoever  owns,  or  uses  or  causes  to  be 
used,  any  such  boiler,  unless  the  same  is  under  the  peri- 
odically guaranteed  inspection  of  an  insurance  company 
authorized  to  insure  boilers  in  the  commonwealth,  shall 
report  in  writing  to  the  chief  the  location  of  such  boiler, 
before  the  work  of  installation  of  such  boiler  is  completed, 
and  annually  thereafter;  provided,  that  the  owner  or  user 
of  an  insured  boiler  shall  report  immediately  in  writing  to 
the  chief  whenever  the  insurance  company  ceases  for  any 
cause  to  inspect  the  boiler. 

Section  11.  All  such  boilers  shall  be  inspected  ex- 
ternally at  least  once  each  year  when  in  operation,  and  the 
inspector  shall  observe  the  pressure  of  steam  carried  and 
the  general  condition  of  each  boiler,  and  ascertain  if  the 
safety  valve  and  the  appliances  for  indicating  the  pressure 
of  steam  and  level  of  the  water  in  the  boiler  are  in  proper 
working  order. 

Section  12.  No  person  shall  remove  or  tamper  with 
any  safety  appliance  prescribed  by  the  board  nor  load  the 
safety  valve  to  a  greater  pressure  than  that  allowed  by 
the  certificate  of  inspection.  Penalty,  §  33. 

Section  13.  The  inspection  of  boilers  and  appurte- 
nances shall  be  made  by  the  division,  under  the  supervision 


Chap.  146.]    INSPECTION  OF  STEAM  BOILERS.  135 

of  the  chief,  or  by  inspectors  of  insurance  companies  an-  1893,387. 
thorized  to  insure  steam  boilers  in  the  commonwealth.         isos',  4i8',  §  s! 

1896,  546,  §4.        R.  L.  105,  §  1.        1913,  610,  §  4. 
1898,  261.  1907,  465,  §  4. 

Section  20.     Boilers  and  their  appurtenances  used  ex-  safety 
clusively  for  heating  purposes,  which  are  not  required  by  i907,^465!§  12. 
this  chapter  to  be  inspected,  shall  be  provided  with  such 
safety  appliances  as  shall  be  prescribed  by  the  board,  and 
the  division  shall  inspect  such  boilers  upon  application  of 
the  owner. 

Section  21.     The  owner  or  user  of  a  boiler  required  by  Preparation  of 
this  chapter  to  be  inspected  shall  prepare  the  boiler  for  inspection. 
inspection   as  directed   by  the   inspector.     The   inspector  ifgl;  te?!  ^  ^' 
shall,  if  requested,  give  the  owner  or  user  at  least  fourteen  f^^-  ^^|'  |  \^ 
days'  notice  to  prepare  a  boiler  for  inspection;    provided,  1912,  531,  §4. 
that  no  notice  shall  be  required  of  an  external  inspection  Penalty,  §  33. 
under  steam,  nor  if  the  boiler  is  being  installed  or  has  not 
been  inspected  within  one  year  and  a  certificate  of  inspec- 
tion issued.     If,  in  the  judgment  of  an  inspector  of  the 
division,  any  such  boiler  or  its  appurtenances  is  in  a  de- 
fective or  dangerous  condition,  he  may  immediately  forbid 
the  operation  of  the  boiler,  whether  or  not  it  is  under  the 
inspection  of  an  insurance  company;    and  no  person  shall 
again  operate  such  boiler,  or  cause  it  to  be  operated,  until 
a  certificate  of  inspection  has  been  issued  by  an  inspector 
of  the  division. 

Section  23.     If,  upon  inspection,  the  inspector  of  the  Certificate  of 
division  finds  the  boiler  to  be  in  safe  working  order,  with  the  division. 
the  fittings  necessary  to  safety,  and  properly  set  up,  and  §§  3,' 4.   ' 
the  boiler  and  its  appurtenances  conform  to  the  rules  of  ^§4,1^^' 
the  board,  he  shall  issue  to  the  owner  or  user  thereof  a  J^^f •  |g|'  |  ^^g 
certificate  of  inspection  stating  the  maximum  pressure  at  1912!  531,  §  6. 
which  the  boiler  may  be  operated,  as  ascertained  by  the  Penalty,  §  33. 
rules  of  the  board,  and  thereupon  such  owner  or  user  may 
operate  the  boiler  mentioned  in  the  certificate;    if  the  in- 
spector finds  otherwise,   he  shall  withhold  his  certificate 
until  the  boiler  and  its  fittings  are  put  in  a  condition  to 
insure  safety  of  operation,  and  the  boiler  and  its  appurte- 
nances conform  to  the  rules  of  the  board,  and  the  owner 
or  user  shall  not  operate  such  boiler,  or  cause  it  to  be 
operated,  until  such  certificate  has  been  granted. 

Section  24.     Every  boiler  which  has  been  inspected  by  inspected  boiler 
the  division   shall   be   numbered  either   by  stamping  the  Mtagged"^^^ 


136 


LAWS  RELATING  TO  EDUCATION.    [Chap.  146. 


1906,  522, 
§§  2,  3. 

1907,  465,  §  16. 

Penalty,  §  33. 


Certificate  of 
inspection  by 
insurance 
company. 
1905,  472,  §  2. 
1907,  465,  §  17. 
1912,  531,  §  7. 


First 
inspection. 

1907,  465,  §  18. 

1908,  563,  §  2. 
1913,  610,  §  4. 


Safety  plug. 
1850,  277,  §  1. 
G.  S.  88,  §  43. 
P.  8.  102,  §  51. 
R.  L.  105,  §  9. 
1907,  465,  §  20. 

Penalty,  §  33. 


Notice  of 

defect  in 

boiler. 

1907,  465.  §  21. 


Uninsured 
boiler  not  to 
be  operated. 
1907,  465,  §  22. 

Penalty,  §  33. 


Hydrostatic 
pressure  test. 
1907,  465,  §  23. 


number  upon  the  boiler  or  by  attaching  a  numbered  metal 
tag  by  a  seal  or  otherwise  to  the  boiler  or  its  fittings.  No 
person  except  an  inspector  of  the  division  shall  deface  or 
remove  any  such  number  or  tag. 

Section  25.  Insurance  companies  shall,  after  each  in- 
ternal and  external  inspection,  if  the  boiler  and  its  appurte- 
nances conform  to  the  rules  of  the  board,  and  if  they  deem 
the  boiler  to  be  in  safe  working  condition  otherwise,  issue 
a  certificate  of  inspection  stating  the  maximum  pressure 
at  which  the  boiler  may  be  operated  as  ascertained  by  the 
rules  of  the  board. 

Section  26.  If  a  boiler  is  insured  which  has  not  pre- 
viously been  inspected  externally  and  internally  and  a  cer- 
tificate of  inspection  issued,  the  company  so  insuring  shall 
forthwith  notify  the  chief  to  that  effect,  and  shall  inspect 
such  boiler  internally  and  externally  within  one  month 
after  the  insurance  is  effected.  No  insurance  shall  be 
effected  on  any  boiler  which  does  not  conform  to  the  rules 
of  the  board. 

Section  28.  No  person  shall  use,  or  cause  to  be  used, 
a  steam  boiler,  excepting  boilers  upon  motor  vehicles, 
steam  fire  engines,  boilers  in  private  residences,  or  boilers 
under  the  jurisdiction  of  the  United  States,  unless  it  is 
equipped  with  a  fusible  safety  plug  made  of  lead  or  some 
other  equally  fusible  material,  as  specified  by  the  rules  of 
the  board. 

Section  29.  The  owner  or  user  of  any  boiler  required 
by  this  chapter  to  be  inspected  shall  immediately  notify 
the  division  or  the  insurance  company,  if  the  boiler  is  in- 
sured, if  a  defect  affecting  the  safety  of  the  boiler  is  dis- 
covered. 

Section  30.  If  the  insurance  on  any  boiler  required  by 
this  chapter  to  be  inspected  expires,  or  is  cancelled  because 
the  insurers  deem  it  unsafe  to  continue  the  operation 
thereof,  the  owner  or  user  shall  cease  to  operate  it  until 
it  has  been  put  in  a  safe  condition,  satisfactory  to  the  in- 
surers, or  has  been  inspected  by  the  division  and  a  cer- 
tificate of  inspection  has  been  issued. 

Section  31.  If,  in  the  judgment  of  the  inspector  of  the 
division  or  of  the  insurance  company,  it  is  advisable  to 
apply  a  hydrostatic  pressure  test  to  a  boiler,  the  owner  or 
user  shall  prepare  the  boiler  for  such  test,  as  directed  by 
the  inspector  of  the  division  or  by  the  insurance  company. 


Chap.  146]    INSPECTION  OF  STEAM  BOILERS.  137 

Section  32.  No  person  shall  prevent  or  attempt  to  Hindering 
prevent  the  chief  or  any  inspector  of  the  division  from  forbfdden. 
entering  any  premises  on  which  a  boiler  is  situated.  ^^^'  ^^'''  ^  ^• 

1907,  465,  §  28.  1909,  393,  §  3.  Penalty,  §  33. 

Section  33.     Whoever  violates  any  provision  of  sections  Penalty. 
five  to  thirty-two,  inclusive,  or  of  the  rules  of  the  board  liS  II?:  ^  ^■ 
shall  be  punished  by  a  fine  of  not  less  than  twenty  nor  p.|.'^2,V53 
more  than  five  hundred  dollars  or  by  imprisonment  for  ^^[^  ^^f  §  ^• 
not  more  than  six  months,  or  both.  §§6,ii. ' 

1906,  387,  §§  4,  5.  1907,  465,  §  28.  1909,  393,  §  3. 


138 


LAWS  RELATING  TO  EDUCATION. 


Additional  Laws  Eelating  to  Education. 


Flower  of  the  Commonwealth. 

Chapter  2. 

Flower  of  the         SECTION  7.     The  mavflower  (epi^sea  repens)  shall  be  the 

commonwealtn.  "^  ,ipi  1ji 

1918, 181.         flower  or  floral  emblem  or  the  commonwealth. 


Notice  and 
deposit,  etc., 
of  petitions 
for  incorpora- 
tion of  educa- 
tional institu- 
tions. 
1896,  381, 

§§  1,  ?■ 

R.  L.  3,  §§  G,  ■; 
1912,  481. 
1914,  56. 
1919,  293, 
§§  1-3,  5. 


Incorporation  of  Educational  Institutions. 

Chapter  3. 

Section  6.  Whoever  intends  to  present  to  the  general 
court  a  petition  for  the  incorporation  of  a  college,  uni- 
versity or  other  educational  institution  with  power  to 
grant  degrees,  or  for  an  amendment  to  the  charter  of  any 
existing  educational  institution  which  will  give  it  such 
power,  shall  on  or  before  November  first  prior  to  its  in- 
tended presentation  deposit  the  same  in  the  office  of  the 
department  of  education.  The  petitioners  shall  give  notice 
of  the  petition  by  publishing  a  copy  thereof  once  in  each 
of  three  successive  weeks  in  such  newspapers  as  the  com- 
missioner of  education  may  designate,  the  last  publication 
to  be  made  at  least  fourteen  days  before  the  session  of 
the  general  court  at  which  the  petition  is  to  be  presented; 
and  the  petitioners  shall,  on  or  before  January  first,  file 
with  the  said  commissioner  satisfactory  evidence  that  the 
petition  has  so  been  published.  If  the  petition  is  ap- 
proved by  said  department,  it  shall  transmit  it  to  the 
general  court  during  the  first  week  of  the  following  session, 
together  with  its  recommendations  relative  thereto. 

Meanings  of  Certain  Words  in  construing  Statutes. 

Chapter  4. 

Section  7.  In  construing  statutes  the  following  words 
shall  have  the  meanings  herein  given,  unless  a  contrary 
intention  clearly  appears. 


SPECIAL  DAYS.  139 

Eighteenth,  "Legal  holiday"  shall  include  January  first,  j|^f|^^  „ 
February  twenty-second,  April  nineteenth,  May  thirtieth,  isse.  lis.  §  i. 
July    fourth,    the    first    Monday    in    September,    October  issi',  ii.   ^' 
twelfth,  Thanksgiving  day  and  Christmas  day,  or  the  day  f88^i,^4'9^  ^*" 
following    when    any    of   the    five    days    first    mentioned,  Jfgl;  fgo;  §  4 
October  twelfth  or  Christmas  day  occurs  on  Sunday;  and  r^l  8^||^- 
the  public  offices  shall  be  closed  on  all  of  said  davs.  ci-?-   '„ 

^  "  1910,  473. 

1911,  136.  1916.  104,  §  1.  3  Op.  A.  G.  467. 

Thirty-fifth,   "Valuation",  as  applied  to  a  town,  shall  "Valuation.- 
mean  the  valuation  of  such  town  as  determined  by  the 
last  preceding  apportionment  made  for  the  purposes  of  the 
state  tax. 

Special  Days. 

Chapter  6. 

Lincoln's  Birthday. 

Section  13.     The  governor  shall  annually  issue  a  proc-  observance 
lamation  setting  apart  February  twelfth  as  Lincoln  Day,  of  Abraham  ^^ 
and  recommending  that  it  be  observed  by  the  people  with  1'9S5°328. 
appropriate  exercises  in  the  public  schools  and  otherwise, 
as  he  may  see  fit,  to  the  end  that  the  memory  of  the 
public   service   and   private   virtues   of   Abraham   Lincoln 
may  be  perpetuated. 

Flag  Day. 

Section  14.     The    governor    shall    annually    set    apart  p{^^*"g^°''®  °^ 
June  fourteenth  as  Flag  Day,  and  shall  issue  his  proclama-  i9ii.  Res'.  5. 
tion  recommending  that  the  day  be  observed  by  the  people  national  flag 
in  the  display  of  the  flag  and  in  such  other  ways  as  shall  by^he'con- 
be  in  harmony  with  the  general  character  of  the  day.         gr°ssraJune 

14,  1777. 

Arbor  and  Bird  Day. 

Section  15.     The  governor  shall  annually  issue  a  proc-  observance  of 
lamation  setting  apart  the  last  Saturday  in  April  as  Arbor  Bird  Day. 
and  Bird  Day,  recommending  its  observance  by  the  public  r.  l;  si^'^  le. 
in  the  planting  of  trees,   shrubs  and   vines,   particularly  Hl^vij^i^' 
those  attractive  to  birds,  in  the  promotion  of  forest  growth  vni,  §  i. 
and    culture,    in    the    adornment    of    public    and    private 
grounds,  places  and  ways,  and  in  such  other  efforts  and 
undertakings  as  shall  harmonize  with  the  general  character 
of  the  day.     He  shall  further  recommend  that  the  Friday 
preceding  be  observed  in  rural  and  suburban  schools  by 
exercises  appropriate  to  Arbor  and  Bird  Day. 


140 


LAWS  RELATING  TO  EDUCATION. 


Power  to  make 
appropriations 


1826,  143,  §  4. 
R.  S.  23.  §  9. 
1869,  132. 
1894.  436.  §  4. 
1898.  496.  §  3. 
10  Met.  508. 
103  Mass.  94, 
104. 

183  Mass.  74. 
187  Mass.  436. 
199  Mass.  112. 


1851.  305,  §  2. 
1859,  25. 
G.  S.  33.  §  9. 
1866.  222. 

1872,  217,  §  4. 

1873.  306. 
1880.  111.  §  1. 
P.  S.  40,  §  10. 
10  Allen,  169. 
183  Mass.  80. 


Powers  and  Duties  of  Cities  and  Towns. 

Chapter  40. 

Supjjorf  of  Piihlic  Schools  and  Libraries. 

Section  5.  A  town  may  at  any  town  meeting  appro- 
priate money  for  the  following  purposes: 

(2)  For  the  support  of  public  schools  authorized  or  re- 
quired by  law,  and  for  conveying  pupils  to  and  from  the 
public  schools,  or,  if  it  maintains  no  high  school  or  public 
school  of  corresponding  grade,  but  affords  high  school  in- 
struction by  sending  pupils  to  other  towns,  for  the  neces- 
sary transportation  expenses  of  such  pupils,  the  same  to 
be  expended  by  the  school  committee  in  its  discretion. 

(18)  For  the  establishment,  maintenance  or  increase  of 
a  public  library  therein,  and  for  the  erection  or  provision 
of  suitable  buildings  or  rooms  therefor,  or  for  maintaining 
a  library  therein  to  which  the  inhabitants  have  free  access 
and  of  which  they  have  the  use,  and  for  establishing  and 
maintaining  a  public  reading  room  in  connection  with  and 
under  the  control  of  the  managers  of  such  library. 


1908, 392,  §  1.  (25)  For  establishing  and  maintaining  public  gymna- 
siums, swimming  baths  and  such  other  means  of  instruc- 
tion or  exercise  as  the  town  may  authorize.  Every  such 
pubUc  place  shall  be  managed  under  the  direction  of  the 
selectmen  of  the  town. 


Taking  or 
purchase 
of  land. 
1848.  237.  §  1. 
1851.  186. 
1855,  318. 
G.  S.  38.  §  38. 
1869,411,  §  1. 
1874,  342. 
P.  S.  27,  §  43; 
44,  §  49. 
1894,  145. 
1897,  299, 
§§  1,4. 

1899,  379, 
§§  1.4. 

1900,  437. 
R.  L.  25. 
§§45,47. 
1915,  143;  263. 


Taking  or  Purchase  of  Land. 

Section  14.  The  aldermen  of  any  city,  except  Boston, 
or  the  selectmen  of  a  town  may  purchase,  or  take  by 
eminent  domain  under  chapter  seventy-nine,  for  any 
municipal  purpose  any  land  within  the  town  not  already 
appropriated  to  public  use;  but  no  land  shall  be  taken  or 
purchased  under  this  section  unless  the  taking  or  purchase 
thereof  has  previously  been  authorized  by  the  city  council 
or  by  vote  of  the  town,  nor  until  an  appropriation  of 
money,  to  be  raised  by  loan  or  otherwise,  has  been  made 
for  the  purpose  by  a  two  thirds  vote  of  the  city  council 
or  by  a  two  thirds  vote  of  the  town  at  a  regular  meeting, 


OFFICERS  OF  CITIES  AND  TOWNS.  141 


and  no  lot  of  land  shall  be  purchased  for  any  municipal  §§^6,'8^^' 

227  Maes. 
233  Mass.  692. 


purpose   for  a  price   more  than   twenty-five  per  cent  in  ^27  Maes.  538. 


excess  of  its  average  assessed  valuation  during  the  previous 
three  years. 

Officers  of  Cities  and  Towns. 

Chapter  41. 

Election  of  School  Committee. 

Section  1.  Every  town  at  its  annual  meeting  shall  in 
everv  vear  when  the  term  of  office  of  anv  incumbent  ex- 
pires,  and  except  when  other  provision  is  made  by  law, 
choose  by  ballot  from  its  inhabitants  the  following  town 
officers  for  the  following  terms  of  office: 

Three,  or  a  number  not  exceeding  fifteen,  divisible  by 
three,  members  of  the  school  committee  for  terms  of  three 
years. 

Women  shall  be  eligible  to  all  town  offices,  notwith- 
standing any  special  law  to  the  contrary. 


Increase  or  Decrease  in  Boards. 

Section  2.     Where   the   town   elects   a   new   board   or  New  board  of 
officer  to  perform  the  duties  of  an  existing  board  or  officer,  increase  or 
the  office  of  such  existing  board  or  officer  shall  terminate  meml^lreWp 
upon  the  qualification  of  the  new  board  or  officer.      Where  ilji^ih 
official  ballots  are  used,  the  establishment  of  a  new  board  P;  f^^^  ^^ 
or  office,  or  the  fixing  of  the  term  of  office  of  town  officers  i893, 4i7, 

.  .  .  .  §§  267—270 

where  such  term  is  optional,  or  the  increase  or  reduction  i895, 374,  §  2. 
of  the  number  of  members  of  a  board,  shall  be  determined  §§  333, 335, 
at  a  meeting  held  at  least  thirty  days  before  the  annual  ^\  n, 
meeting.     In  towns  not  using  official  ballots  the  matter  ||o^^'''  ^^^' 
may  be  determined  by  vote  at  the  annual  meeting.     Such  J^^g^gg^^a^y 
vote  shall  continue  in  effect  until  rescinded.     If  a  town  ^^^'o^^^-- 
votes  to  increase  the  number  of  members  of  any  board,  §§  464, 406, 
such  increase  shall  be  made  by  adding  one  or  more  to  each  1926, 59i.  §§33, 
class,  to  hold  office  according  to  the  tenure  of  the  class  to  ^th  Mass.  85. 
which  they  are  severally  chosen,  as  will  within  three  years  ^^^  ^^^^^-  ^^^• 
effect  it,  and  such  vote  to  increase  shall  remain  in  force 
until  the  increase  under  it  is  accomplished.     If  a  town 
votes  to  diminish  the  number  of  members  of  any  board. 


142  LAWS  RELATING  TO  EDUCATION. 

such  diminution  shall  be  made  by  choosing  annually  such 
number  as  will  within  three  years  effect  it,  and  a  vote  to 
diminish  shall  remain  in  force  until  the  diminution  under 
it  is  accomplished.  If  a  town  votes  to  reduce  a  board  of 
three  members  to  a  single  officer,  such  vote  shall  take 
effect  at  the  following  annual  town  meeting,  and  upon  the 
election  and  qualification  of  such  officer  the  term  of  said 
board  shall  terminate;  provided,  that  in  towns  where 
official  ballots  are  used,  unless  the  vote  thus  passed  is 
more  than  thirty  days  prior  to  the  annual  town  meeting, 
it  shall  not  take  effect  until  the  succeeding  annual  town 
meeting. 

Failure  to  elect. 

eiect^andT  SECTION  10.     If   there   is   a   failure   at   an   election   to 

i785"75^§4  choose  a  town  officer,  or  if  a  person  chosen  shall  not  ac- 

R-  s.'  is!  §  42.  QQpi  such  office,  or  if  a  vacancy  shall  occur,  the  town  may 

G.  s.'  18,  §  43.  at  any  meeting  elect  a  person  to  such  office. 

1  Qf\A      "I  74,  ■/  CI'  J. 

p.  s.' 27,  §93.  If,    at   an   election   of   town    officers   for   which   official 

1890,386,  ballots  are  used,  there  is  a  failure  to  elect  a  town  officer, 

§M,'2.^^'  ^^^  rnay  be  elected  at  an  adjourned  or  succeeding  meeting; 

§§^284*  M2  ^^^^  ballots  shall  be  prepared  and  furnished  for  such  meet- 

1^98^548^^  ing,  containing  the  nominations  already  made  and  such  as 

R  L.  ii,  may  subsequently  be  made  for  the  office. 

1907,  560,  ■  The  proceedings  in  such  election  and  the  quahfications 

1913,  835, '  ■  of  a  person  to  be  elected  or  appointed  in  case  of  failure  to 

§§^423.431,  elect,  refusal  to  accept  or  vacancy  shall  be  the  same  as  in 

}92o;  59};  1 33:  an  original  election. 

Appoiritment  to  fill  Vacancy. 
fpp°'°*'°f°*         Section  11.     If  there  is  a  failure  to  elect,  or  if  a  va- 

to  nil  vacancy.  .  ' 

1864, 174  cancy  occurs  in  any  town  office,  other  than  the  offices  of 

i89i',  336,  §  1."    selectmen,    town    clerk,    treasurer,    collector    of    taxes    or 

1893  417  •  .  .    • 

§290.     '  auditor,  the  selectmen  shall  in  writing  appoint  a  person  to 

§  357.     '  fill  such  vacancy.    If  there  is  a  vacancy  in  a  board  consist- 

?907',  560,^  ^^^'  iiig  of  two  or  more  members,  the  remaining  members  shall 
i9i3^835^^"  §^^^  written  notice  therec^f  to  the  selectmen,  who,  with  the 
i9i8^^29^i°^§  31  remaining  member  or  members  of  such  board  shall,  after 
one  week's  notice,  fill  such  vacancy  by  ballot.  A  majority 
of  the  ballots  of  the  officers  entitled  to  vote  shall  be  neces- 
sary to  such  election.  The  person  so  appointed  or  elected 
shall  perform  the  duties  of  the  office  until  the  next  annual 
meeting  or  until  another  is  qualified. 


OFFICERS  OF  CITIES  AND  TOWNS.  143 


Approval  of  Bills  by  Auditor. 

Section  52,  All  accounts  rendered  to  or  kept  in  the  Approval  of 
departments  of  any  city  shall  be  subject  to  the  inspection  1913,669, 
of  the  city  auditor  or  officer  having  similar  duties,  and  in  ^^  ^'  ^' 
towns  they  shall  be  subject  to  the  inspection  of  the  select- 
men. The  auditor  or  officer  having  similar  duties,  or  the 
selectmen,  may  require  any  person  presenting  for  settle- 
ment an  account  or  claim  against  the  city  or  town  to  make 
oath  before  him  or  them,  in  such  form  as  he  or  they  may 
prescribe,  as  to  the  accuracy  of  such  account  or  claim. 
The  wilful  making  of  a  false  oath  shall  be  punishable  as 
perjury.  The  auditor  or  officer  having  similar  duties  in 
cities,  and  the  selectmen  in  towns,  shall  approve  the  pay- 
ment of  all  bills  or  pay  rolls  of  all  departments  before  they 
are  paid  by  the  treasurer,  and  may  disallow  and  refuse  to 
approve  for  payment,  in  whole  or  in  part,  any  claim  as 
fraudulent,  unlawful  or  excessive;  and  in  that  case  the 
auditor  or  officer  having  similar  duties,  or  the  selectmen, 
shall  file  with  the  city  or  town  treasurer  a  written  state- 
ment of  the  reasons  for  the  refusal;  and  the  treasurer  shall 
not  pay  any  claim  or  bill  so  disallowed.  This  section  shall 
not  abridge  the  powers  conferred  on  towm  accountants  by 
sections  fifty-fi^'e  to  sixty-one,  inclusive. 

Approval  of  Bills  by  Accountant. 

Section  56.  The  selectmen  and  all  boards,  committees,  warrants  for 
heads  of  departments  and  officers  authorized  to  expend  ibio,  624,  §  2. 
money  shall  approve  and  transmit  to  the  town  accountant 
as  often  as  once  each  month  all  bills,  drafts  and  orders 
chargeable  to  the  respective  appropriations  of  which  they 
have  the  expenditure.  The  town  accountant  shall  examine 
all  such  bills,  drafts  or  orders,  and,  if  found  correct  and 
approved  as  herein  provided,  shall  draw  a  warrant  upon 
the  treasurer  for  the  payment  of  the  same  which  shall  also 
be  signed  by  the  officer  or  by  a  majority  of  the  board  or 
committee  authorized  to  make  the  expenditure.  The  treas- 
urer shall  pay  no  money  from  the  treasury  except  upon  a 
warrant  so  signed. 


144 


LAWS  RELATING  TO  EDUCATION. 


Notice  to 
town  officers 
of  condition 
of  their 

appropriations. 
1910,  624,  §  4. 


Notices  to  Heads  of  Departments  as  to  Appropriations  by 

Town  Accountant. 

Section  58.  Whenever  any  appropriation  shall  have 
been  expended  or  whenever,  in  the  judgment  of  the  town 
accountant,  it  appears  that  the  liabilities  incurred  against 
any  appropriation  may  be  in  excess  of  the  unexpended 
balance  thereof,  he  shall  immediately  notify  the  selectmen 
and  the  board,  committee,  head  of  department  or  officer 
authorized  to  make  expenditures  therefrom,  and  no  claim 
against  such  appropriation  shall  be  allowed  nor  any  further 
liability  incurred  until  the  town  makes  provision  for  its 
payment.  The  town  accountant  shall,  at  regular  intervals 
and  as  often  at  least  as  once  each  month,  send  to  the 
selectmen  and  to  each  board,  committee,  head  of  depart- 
ment or  officer  having  the  disbursement  of  an  appropria- 
tion a  statement  of  the  amount  of  orders  approved  and 
warrants  drawn  on  behalf  of  said  board,  department  or 
officer  during  the  preceding  month,  and  a  statement  of  the 
balance  of  such  appropriation  remaining  subject  to  draft. 
Each  head  of  a  department,  board  or  committee  author- 
ized to  expend  money  shall  furnish  the  town  accountant, 
at  the  close  of  the  financial  year,  a  list  of  bills  remaining 
unpaid,  showing  to  whom  and  for  what  due,  and  their 
amounts;  and  the  town  accountant  shall  incorporate  the 
same  in  his  annual  report  covering  the  financial  trans- 
actions of  the  town,  as  provided  by  section  sixty-one. 


Annual  esti- 
mates to  be 
furnished 
accountant. 
1910,  624,  §  5. 


Estimates  to  Town  Accountant. 

Section  59.  The  selectmen  and  all  boards,  committees, 
heads  of  departments  or  other  officers  of  a  town  authorized 
by  law  to  expend  money  shall  furnish  to  the  town  ac- 
countant, not  less  than  ten  days  before  the  end  of  the  town 
financial  year,  detailed  estimates  of  the  amounts  necessary 
for  the  proper  maintenance  of  the  departments  under  their 
jurisdiction  for  the  ensuing  year,  with  explanatory  state- 
ments as  to  any  changes  from  the  amounts  appropriated 
for  the  same  purposes  in  the  preceding  year,  and  an  esti- 
mate of  amounts  necessary  for  outlays  or  permanent  im- 
provements. They  shall  also  prepare  estimates  of  any 
income  likely  to  be  received  by  the  town  during  the  en- 
suing year  in  connection  with  the  town's  business  or  prop- 
erty intrusted  to  their  care.     The  selectmen  shall  include 


OFFICERS  OF  CITIES   AND  TOWNS.  145 

in  their  estimates  the  salaries  and  expenses  connected  with 
their  own  office,  and  the  salaries  of  all  other  town  officers 
shall  be  included  in  the  estimates  for  the  office,  depart- 
ment or  branch  of  the  public  service  of  which  they  are  in 
charge.  .  .  . 

Purchasing  Agent. 

Section  103.     A  city  which  accepts  this  section  in  the  Duties  and 
manner  provided  in  the  following  section  or  has  accepted  loie,  223,  §  i. 
corresponding  provisions  of  earlier  laws,  or  a  town  which  ^^^^*  ^^^'  ^  ^°' 
accepts  this  section  or  has  accepted   corresponding  pro- 
visions of  earlier  laws,  may  establish  a  purchasing  depart- 
ment, to  consist  of  a  purchasing  agent  and  such  assistants 
as   the    city    counqil    or    selectmen    may   determine.  .  .  . 
The  purchasing  agent  shall  purchase  all  supplies  for  the 
city  or  town  and  for  every  department  thereof  except  in 
case  of  emergency.     All  purchases  or  contracts  for  pur- 
chases exceeding  one  hundred  dollars  in  amount  shall  be 
based  upon  competition.     A  record  shall  be  kept  by  the 
department  of  the  prices  paid  for  the  supplies,  and  shall  be 
open  to  the  inspection  of  any  citizen. 

Term  of  Office. 

Section  107.     A  person  who  is  elected  town  clerk  shall  ?fi^e  of  eSet- 
be  sworn  either  by  the  moderator  or  by  a  justice  of  the  jjJftigP"'' 
peace,  and  shall  enter  upon  the  performance  of  his  duties  j^^^l*  ^f  Hg 
on  the  seventh  day  succeeding  his  election  or  as  soon  there-  g.  s.'  is,'  §  3i." 
after  as  he  is  qualified  and  shall  hold  office  during  the  §§  78,  79. 
term  fixed  by  law,  which  shall  begin  on  the  seventh  day  §§^2^77^,^2^78. 
succeeding  his  election,  and  until  another  person  is  quali-  §§^142^^343. 
fied  in  his  stead.     Every  other  town  officer  designated  by  ^j-  ^i^^i^^^ 
name  in  section  one,  unless  other  provision  is  specifically  W^l^l'^^j^ 
made   by  law,   shall   enter   upon  the   performance  of  his  456. 
duties  on  the  day  after  his  election,  or  as  soon  thereafter  §§  414, 415, 
as  he  is  qualified,  and  shall  hold  office  during  the  term  1918,  291,  §  27. 
fixed  by  law,  which  shall  begin  on  the  day  after  the  annual  r^crky?  12I.  ^^' 
meeting,  and  until  another  person  is  qualified  in  his  stead. 

Section  109.     A  town  officer  may  resign  his  office  by  Resignation. 

r.T  •  •  c    •  1  rr-  />      1  11       Effect  of 

filmg  a  resignation  thereof  m  the  ornce  oi  the  town  clerk,  removal 
and  such  resignation  shall  be  effective  forthwith  unless  a  p.°s!  2'7r§'89. 
time  certain  is  specified  therein  when  it  shall  take  effect.  §  29i.     ' 
If  a  person  removes  from  a  town  he  shall  thereby  vacate  l^lfs.^^^' 
any  town  office  held  by  him.  i907. 56o.  §§  390. 456.  R-  l-  ".  §  362. 

1913,  835,  §§.430,  503.  1918,  291,  §  32.  1  Pick.  129. 


146 


LAWS  RELATING  TO  EDUCATION. 


Purposes  for 
which  cities 
and  towns 
may  borrow 
within  the 
debt  limit. 


R.  L.  27,  §  11. 
1903,  375. 
1913,  719, 
§  5,  subs.  3. 
1916,  111,  §  1. 
1919,  61,  §  2. 


1894,  221. 
R.  L.  27,  §  11. 
1903,  375. 
1913,  719, 
§  5,  subs.  4. 
3  Op.  A.  G.  71. 
Op.  A.  G. 
(1919)  93. 


Municipal  Finance. 

Chapter  44. 

Towns  may  incur  Debt. 

Section  7.  Cities  and  towns  may  incur  debt,  within 
the  Hmit  of  indebtedness  prescribed  in  section  ten,  for  the 
following  purposes,  and  payable  within  the  periods  herein- 
after specified: 

(3)  For  acquiring  land  for  any  purpose  for  which  a  city 
or  town  is  or  may  hereafter  be  authorized  to  acquire  land, 
not  otherwise  herein  specified,  and  for  the  construction  of 
buildings  which  cities  and  towns  are  or  may  hereafter  be 
authorized  to  construct,  including  the  cost  of  original 
equipment  and  furnishing,  twenty  years. 

(4)  For  the  construction  of  additions  to  schoolhouses  or 
buildings  to  be  used  for  any  municipal  purpose,  including 
the  cost  of  original  equipment  and  furnishings,  where  such 
additions  increase  the  floor  space  of  said  buildings,  twenty 
vears. 


Town  officers 
may  incur 
liabilities 
between 
December  31 
and  next 
appropriation. 
1913,  692,  §  2. 


Department 
appropria- 
tions in 
certain  cities. 

1917,  209. 

1918,  107. 


Town  Officers  may  incur  Liabilities. 

Section  L3.  In  towns,  during  the  interval  between 
December  thirty-first  in  each  year  and  the  time  of  making 
the  next  annual  appropriations,  town  officers  authorized  to 
make  expenditures  may  incur  liabilities  in  carrying  on  the 
several  departments  intrusted  to  them,  and  payments 
therefor  shall  be  made  from  the  town  treasury  from  any 
available  funds  therein,  and  the  same  shall  be  charged 
against  the  next  annual  appropriation;  provided,  that  the 
liabilities  incurred  during  said  interval  do  not  exceed  in 
any  month  the  sums  spent  for  similar  purposes  during  any 
one  month  of  the  preceding  year;  and  provided,  further, 
that  said  officers  may  expend  in  any  one  month  for  any 
officer  or  board  created  by  law  an  amount  not  exceeding 
one  twelfth  of  the  estimated  cost  for  said  year;  but  all 
interest  and  debt  falling  due  in  the  said  interval  shall  be 
paid. 

Section  30.  A  city,  except  Boston,  wherein  the  appro- 
priation for  any  department  is  determined  by  law  at  a 
certain  rate  or  percentage  of  the  taxable  valuation  or  the 


MUNICIPAL  FINANCE.  147 

valuation  of  the  taxable  property  therein,  or  however  other- 
wise the  same  may  be  described,  shall,  in  addition  to  the 
amount  so  determined,  appropriate  and  use  for  such  depart- 
ment such  proportion  of  the  proceeds  of  the  tax  upon 
incomes,  returned  by  the  commonwealth  to  the  city  under 
section  eighteen  of  chapter  fifty-eight,  as  the  appropriation 
so  determined  by  law  bears  to  the  total  local  tax  levy  of 
that  city  for  the  current  year;  but  in  each  year  such 
departments  shall  be  credited  with  their  proportion  of  the 
income  tax  received  during  the  preceding  year. 

Section  31.     No  department  of  any  city  or  town,  ex-  Liability  not 
cept  Boston,  shall  incur  liability  in  excess  of  the  appro- in  excess  df"^ 
priation  made  for  the  use  of  such  department,  except  in  tK.n!Ttc.*' 
cases  of  extreme  emergency  involving  the  health  or  safety  |§\^;i6^' 
of  persons  or  property,  and  then  only  by  a  vote  in  a  city 
of  two  thirds  of  the  members  of  the  city  council,  and  in 
a  town  by  a  vote  of  two  thirds  of  the  selectmen. 

Budgets  in  Certain  Cities. 

Section  32.     Within  sixty  days  after  the  annual  organ-  Mayors,  etc., 
ization  of  the  city  government,  in  cities  other  than  Boston  cities  to  sub- 

,    ,         .  ,  1  .      .  n  p  J.   .1  niit  annual 

not  having  the  commission  form  or  government  the  mayor,  budgets,  etc 
and  in  such  cities  having  said  commission  form,  the  com-  §§\%^o.^' 
missioner  or  director  of  finance,  shall  submit  to  the  city  Jglo!  172!  ^  ^' 
council  the  annual  budget  of  the  current  expenses  of  the  231  Mass.  252. 
city,  and  the  mayor  or  commissioner  or  director,  as  the 
case  may  be,  may  submit  thereafter  supplementary  bud- 
gets. The  budget  shall  consist  of  an  itemized  and  detailed 
statement  of  the  money  required,  and  the  city  council, 
by  a  majority  vote,  shall  make  such  appropriations  in 
detail,  clearly  specifying  the  amount  to  be  expended  for 
each  particular  purpose;  but  the  budget  shall  not  be  in 
such  detail  as  to  fix  specific  salaries  of  employees  under 
the  direction  of  the  boards  elected  by  the  people,  other 
than  the  city  council.  The  city  council  may  reduce  or 
reject  any  item,  but,  without  the  approval  of  the  mayor 
or  commissioner  or  director  of  finance,  as  the  case  may  be, 
shall  not  increase  any  item  in  or  the  total  of  a  budget,  nor 
add  any  item  thereto.  In  such  cities  not  having  the  com- 
mission form  of  government,  the  city  officials,  when  so 
requested  by  the  mayor  shall  submit  to  him  forthwith  in 
such  detail  as  he  may  require  estimates  for  the  next  fiscal 
year  of  the  expenditures  of  their  departments  or  offices 


148 


LAWS  RELATING  TO  EDUCATION. 


Failure  of 
mayor  or 
commissioner 
or  director  of 
finance  to 
recommend 
appropriation. 
1913,  719, 
§§  1,20. 
1915.  138,  §  1. 
1920,  172. 
231  Mass.  252. 


under  their  charge,  which  shall  be  transmitted  to  the  city- 
council.  In  such  cities  having  the  commission  form  of 
government  each  commissioner  or  director  shall,  within 
thirty  days  after  the  annual  organization  of  the  city  gov- 
ernment, submit  to  the  commissioner  or  director  of  finance 
estimates  in  such  detail  as  he  may  require  of  the  amounts 
deemed  necessary  for  the  current  expenses  of  their  respec- 
tive departments.  In  all  cities  other  than  Boston,  if  the 
council  fails  to  approve  or  disapprove  any  item  in  the 
budget,  as  submitted  by  the  mayor  or  commissioner  or 
director  of  finance,  within  sixty  days  after  its  receipt 
thereof,  such  item  shall,  without  any  council  action, 
become  a  part  of  the  budget  for  the  year,  and  the  sum 
named  shall  be  available  for  the  purpose  designated. 
Nothing  in  this  section  shall  prevent  the  mayor  or  com- 
missioner or  director  of  finance  from  recommending,  and 
the  city  council  from  making,  appropriations  prior  to  the 
adoption  of  the  annual  budget. 

Section  33.  In  case  of  the  failure  of  the  mayor  or 
commissioner  or  director  of  finance  to  transmit  to  the  city 
council  a  written  recommendation  for  an  appropriation 
for  any  purpose  deemed  necessary  by  the  council,  after 
having  been  so  requested  by  vote  thereof,  said  council, 
after  the  expiration  of  seven  days  from  such  vote,  upon 
its  own  initiative  may  make  an  appropriation  for  such 
purpose  by  a  vote  of  at  least  two  thirds  of  its  members, 
and  shall  in  all  cases  make  such  appropriations  in  detail, 
clearly  specifying  the  amount  to  be  expended  for  each 
particular  purpose,  but  not  in  such  detail  as  to  fix  specific 
salaries  of  employees  under  the  direction  of  boards  elected 
by  the  people,  other  than  the  city  council. 


Expenditures 
in  anticipation 
of  appropria- 
tions. 
1913,  719, 
§§  1,  20. 
1915,  138,  I  1. 


Expenditures  in  Anticipation  of  Appropriations. 

Section  34.  In  the  period  after  the  expiration  of  any 
fiscal  year  and  before  the  regular  appropriations  have  been 
made  by  the  city  council,  the  city  officers  who  are  author- 
ized to  make  expenditures  may  incur  liabilities  in  carrying 
on  the  work  of  the  several  departments  intrusted  to  them, 
and  payments  therefor  shall  be  made  from  the  treasury 
from  any  available  funds  therein,  and  charged  against  the 
next  annual  appropriation;  provided,  that  the  liabilities 
incurred  during  said  interval  do  not  exceed  in  any  month 
the  sums  spent  for  similar  purposes  during  any  one  month 


CORRESPONDENCE  SCHOOLS.  149  ; 

of  the  preceding  year;    and  provided,  further,  that  said 

officers  may  expend  in  any  one  month  for  any  new  officer  ; 

or  board  lawfully  created  an  amount  not  exceeding  one 

twelfth  of  the  estimated  cost  for  the  current  year.     All 

interest  and  debt  falHng  due  in  said  interval  shall  be  paid. 

Department   Receipts.  ' 

Section  53.     All  moneys  received  by  any  town  officer  Department 
or  department,   except  as  otherwise  provided   by  special  plld  mto°  ^  j 

acts  and  except  fees  provided  for  by  statute,  shall  be  paid  ma^sgirr?. 
by  such  officer  or  department  upon  their  receipt  into  the 
town  treasury.     Any  sums  so  paid  into  the  town  treasury  • 

shall   not   later   be   used   by   such   officer   or   department  : 

without  a  specific  appropriation  thereof. 

I 

Correspondence  Schools. 

Chapter  93.  ! 

Section  19.     No  person,  firm,  association  or  corpora- sales  of  , 

,.,,,.  j,  ,  ,.    1  .  1,.  u        1   stocks,  bonds,  I 

tion  engaged  m  the  busmess  oi  pubhshmg  or  sellmg  school  etc.,  of  cor-  i 

or  text  books  or  doing  business  as  a  correspondence  school  schoo"s.^°*^  ! 

in  the  commonwealth  shall,  directly  or  indirectly,  through  ^^^^'  ^^^'  ^  ^-  i 

its  officers,  agents  or  servants,  sell  stocks,  bonds  or  other 
securities,   either  of  its  own  company  or  of  other  com- 
panies, until  he  or  it  has  received  a  permit  as  hereinafter  j 
provided.     Such  person,  firm,   association  or  corporation  i 
shall  file  with  the  commissioner  of  corporations  and  taxa- 
tion a  copy  of  the  charter  and  by-laws  of  any  company 
whose  stocks,  bonds  or  other  securities  are  offered  for  sale,                                  | 
a  detailed  statement,  on  oath,  of  the  condition  of  the  com-                                  j 
pany,  the  properties  owned  or  controlled  by  it  and  the                                  j 
condition  thereof,  and  a  detailed  statement  showing  the                                  j 
plan  of  selling  the  stocks,  bonds  or  other  securities,  the 
plan  of  organization  or  increase  of  stock  of  the  company, 
a  copy  of  all  contracts  in  connection  with  such  sales  of 
stocks,  bonds  or  other  securities,  the  names  and  addresses 
of  all  officers,  proposed  officers  or  promoters  of  the  com- 
pany, and  the  amount  and  price  of  the  said  stock,  and  the 
commission  and  promotion  fees  or  expenses  of  the  organi-  ' 
zation  of  the  company;    and  if  the  commissioner  is  satis- 
fied that  the  statements  so  furnished  are  correct  and  com- 
plete, that  the  proposed  sales  of  the  stocks,  bonds  or  other 
securities  of  the  company  will   be  conducted  fairly,  and 


150 


LAWS  RELATING  TO  EDUCATION. 


False  repre- 
sentations 
prohibited. 
1914,  658,  §  2. 

1918,  257, 
§  223. 

1919,  5. 

1920,  2. 


Pupils  de- 
frauded may 
bring  action 
to  recover. 
1914,  658,  §  3. 


Department  of 
education  to 
make  rules. 


Penalties. 
1914,  658,  §  5. 


that  the  representations  therein  contained  are  true,  he 
shall,  upon  the  receipt  of  twenty-five  dollars,  issue  to  such 
person,  firm,  association  or  corporation  a  permit  to  sell 
such  stocks,  bonds  or  other  securities.  Whoever  violates 
this  section  shall  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  or  by  imprisonment  in  a  jail  or  house 
of  correction  for  not  more  than  one  j^ear,  or  both. 

Section  20.  No  person,  firm,  association  or  corporation 
engaged  in  the  business  of  publishing  or  seUing  school  or 
text  books,  or  doing  business  as  a  correspondence  school, 
acting  by  its  officers,  servants  or  agents,  or  otherwise,  shall 
make  any  representation  as  to  its  financial  condition,  or 
as  to  the  financial  condition  of  any  other  company,  whose 
stocks,  bonds  or  other  securities  such  person,  firm,  associa- 
tion or  corporation  is  engaged  in  selling,  which  is  not  in 
accordance  with  the  truth  and  with  the  charter  and  by- 
laws of  such  company  and  with  the  certificate  of  financial 
condition  and  the  statements  filed  under  the  preceding 
section.  Any  person  purchasing  stocks,  bonds  or  other 
securities  relying  wholly  or  partly  on  any  such  represen- 
tation may  recover  in  contract  the  price  so  paid  in  from 
the  person  making  the  representation. 

Section  21.  Any  pupil  of  any  such  correspondence 
school  who  is  defrauded  by  a  misrepresentation  made  by 
an  officer  or  agent  of  such  school,  or  by  any  advertisement 
or  circular  issued  by  it,  or  by  any  person,  firm,  association 
or  corporation,  who  sells  text  books  to  the  said  school  or 
to  the  pupils  thereof,  may  recover  in  contract  from  such 
school  or  person,  firm,  association  or  corporation  three 
times  the  amount  paid  by  him  to  such  school  or  person, 
firm,  association  or  corporation. 

Section  22.  The  department  of  education  may  estab- 
lish rules  and  regulations  governing  correspondence  schools. 

1914,  658,  §  4.  1919,  350,  §  56. 

Section  23.  Whoever  violates  any  provision  of  law  re- 
lating to  correspondence  schools  for  which  no  penalty  is 
provided,  or  of  sections  twenty  and  twenty-one  or  of  any 
rule  or  regulation  established  under  section  twenty-two, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars. 


NEGLECTED  CHILDREN.  151 

Regulation  of  Bootbi  acks  and  Sales  by  Minors. 

Chapter  lOl. 

Section  19.     The    aldermen    or    selectmen   may   make  Regulation  of 
regulations  consistent  with  the  general  laws  relative  to  the  bilck  and""*" 
exercise  of  the  trade  of  bootblacking  by  minors,  and  to  the  ^^Zts^ 
sale  or  barter  by  minors  of  any  goods,  wares  or  merchan-  ^^f;|J^|\|; 
dise  the  sale  of  which  is  permitted  without  a  license  by  ^812,*!^  ^' 
section  seventeen,  and  may  prohibit  such  trade  or  such  r.^l!  65,^§  n. 
sales,  or  may  require  a  minor  to  obtain  from  them  a  per-  igooi  isi! 
mit  therefor  to  be  issued  on  terms  and  conditions  pre-  \1\q]  til',  §  4. 
scribed  in  such  regulations;    provided,  that  in  the  case  of  f2k^^'^' 
girls  under  the  age  of  eighteen  years  and  of  boys  under  the  HH- 1 
age  of  sixteen  years  the  foregoing  powers  in  cities  shall  be  4  Op".  a.  g. 
vested  in  and  exercised  by  the  school  committee.    No  per- 
mit issued  to  a  minor  under  this  section  nor  badge  issued 
to  him  under  sections  sixty-nine  to  seventy-three,  inclu- 
sive, of  chapter  one  hundred  and  forty-nine  shall  authorize 
the    sale   by   a   minor   of   any   article,    other   than   those 
enumerated  in  section  seventeen.    A  minor  who  sells  such 
article  or  exercises  such  trade  without  a  permit,  if  one  is 
required,  or  who  violates  the  conditions  of  his  permit  or 
any  provision  of  said  regulations,  shall  be  punished  by  a 
fine  of  not  more  than  ten  dollars. 

Exemption  from  Vaccination  Certificates. 

Chapter  111. 

Section  183.     .  .  .  any  child  presenting  a   certificate,  vaccination 
signed  by  a  registered  physician  designated  by  the  parent  i894,'5i5,  §  2. 
or  guardian,  that  the  physician  has  at  the  time  of  giving  ^902,'  ilo,  ^%  ' 
the  certificate  personally  examined  the  child  and  that  he  ^"^^^  ^^  ^°'  ^^• 
is  of  the  opinion  that  the  physical  condition  of  the  child 
is  such  that  his  health  will  be  endangered  by  vaccination, 
shall  not,  while  such  condition  continues,  be  subject  to 
the  two  preceding  sections. 

Neglected  Children. 

Chapter  119. 

Section  49.  Attendance  officers  in  cities  and  overseers  Outie^^of^^ 
of  the  poor  in  towns  shall,  as  often  as  they  deem  neces-  officers.Ttc 
sary,    make    diligent    search    throughout    their   respective  }9i3;  779,  §  13. 


152 


LAWS  RELATING  TO  EDUCATION. 


Duties  of 
attendance 
officers,  etc 
1904,  356, 


§2. 


Expenses 
under  two 
preceding 
sections. 
1904,  356,  § 
1919,  350,  " 


§  87. 


towns  for  children  under  sixteen  suffering  want  through 
poverty,  privation  or  the  neglect  of  their  parents  or  guard- 
ians or  other  persons  having  them  in  charge,  or  from  any 
cause  whatsoever. 

Section  50.  Where  such  children  are  found  without 
parents  or  guardians,  or  in  charge  of  such  parents  or 
guardians  as  such  officers  or  overseers  deem  unfit  to  care 
for  children  by  reason  of  mental  incapacity,  dissolute 
habits  or  poverty,  they  shall  provide  for  the  temporary 
care  of  such  children  until  proceedings  may  be  had  against 
them,  if  necessary,  under  sections  forty-two  to  forty-seven, 
inclusive. 

Section  5L  Reasonable  expenses  incurred  by  such 
officers  and  overseers  in  furnishing  aid  under  the  two 
preceding  sections  shall  be  paid  by  the  town  wherein  the 
persons  have  legal  settlements,  or,  if  they  have  none,  by 
the  commonwealth,  after  approval  by  the  department; 
and  written  notice  shall  be  sent  to  the  place  of  settlement 
or,  if  such  persons  have  no  settlement,  to  the  department 
as  otherwise  provided  by  law. 


Management 
of  school,  etc. 
1904,  446, 
§§  1,  5. 
1907,  226. 

Payment  of 
charges  for 
support  of 
children,  etc. 
1904.  446,  §  9. 
1909,  497,  §  1. 


Education  of  Crippled  Children. 

Chapter  121. 

Section  28.  The  Massachusetts  hospital  school  shall 
be  maintained  for  the  education  and  care  of  crippled  and 
deformed  children  of  the  commonwealth.  .  .  . 

Section  3L  The  trustees  may,  upon  written  apphcation 
of  any  child  entitled  to  receive  the  benefit  of  said  school, 
or  upon  such  application  by  a  parent,  guardian  or  person 
having  the  legal  custody  of  the  child,  or  by  any  state  or 
municipal  department,  board  or  officer  having  such  cus- 
tody, admit  such  child  to  said  school,  subject  to  such  rules 
and  regulations  as  the  trustees  may  prescribe,  and  the 
trustees  may  discharge  such  child  from  the  school.  The 
charges  for  the  support  of  the  children  of  the  school  who 
are  of  sufficient  ability  to  pay  for  the  same,  or  have  per- 
sons or  kindred  bound  by  law  to  maintain  them,  shall  be 
paid  by  such  children,  such  persons  or  such  kindred  at  a 
rate  determined  by  the  trustees.  The  board  of  such  chil- 
dren as  have  a  legal  settlement  in  a  town  shall  be  paid 
by  the  town  at  a  rate  not  exceeding  four  dollars  a  week, 
notice  of  the  reception  of  the  children  by  the  trustees 
being  given  by  them  to  the  overseers  of  the  poor  of  the 
town  as  soon  as  practicable;    and  the  tuition  and  board 


FEEBLE-MINDED   CHILDREN.  153 

of  those  having  no  such  settlement  shall  be  paid  by  the 
commonwealth.  The  trustees  may  receive  other  children 
having  no  means  to  pay  for  tuition  and  support,  and  the 
tuition  and  board  of  all  such  children  shall  be  paid  by 
the  commonwealth.  The  attorney  general  and  district 
attorneys  shall  upon  request  bring  action  to  recover  said 
charges  in  the  name  of  the  state  treasurer.  The  charges 
paid  by  the  commonwealth,  or  by  any  town,  shall  not  be 
deemed  to  have  been  paid  as  state  or  pauper  aid,  and  no 
person  shall  be  deemed  a  pauper  because  of  his  inabiHty 
to  pay  for  the  support  of  a  child  in  said  school.  The  ad- 
mission of  a  child  as  aforesaid  to  the  school  shall  be 
deemed  a  commitment  of  the  child  to  the  care  and  custody 
of  the  commonwealth,  and  the  trustees,  with  the  approval 
of  the  department,  may  detain  the  child  at  said  school 
during  its  school  age,  or  for  such  longer  period  during  its 
minority  as  in  the  opinion  of  the  trustees  will  tend  to 
promote  the  education  and  welfare  of  the  child. 


Education  of  Feeble-minded  Children. 

Chapter  123. 

Section  45.     The  Massachusetts  school  for  the  feeble-  Massachusetts 
minded  and  the  Wrentham  state  school  shall  each  main-  feeble-minded 
tain  a  school  department  for  the  instruction  and  education  st'ate  school,  ^ 
of  feeble-minded  persons  who  are  within   the   school  age  fe'^a'sirP^^' 
or  who  in  the  judgment  of  the  trustees  thereof  are  capable  ^^tfj^/^^ns. 
of  being  benefited  by  school  instruction,  and  a  custodial  jaoe,  508,  §  i4. 
department   for   the    care    and   custody   of   feeble-minded  §§  ei,  107. 
persons  beyond  the  school  age  or  not  capable  of  being 
benefited  by  school  instruction. 

Section  46.      Persons  received   by   the   Massachusetts  ^^^f^f^^^^^ 
school  for  the  feeble-minded  and  by  the  Wrentham  state  ^^^f^'^^^^^^ji^ 
school  shall  be  classified  in  said  departments  as  the  trus-  state  school, 
tees  shall  see  fit,  and  the  trustees  may  receive  and  dis-  dassificatjon 
charge  pupils,  and  may  at  any  time  discharge  any  pupil  i883!'239!1' 2. 
or  other  inmate  and  cause  him  to  be  removed  to  his  home.  iggsiS  §28. 

R.  L.  87,  §  116.  1906,  508,  §  15.  1909,  504,  §§  62,  107. 

Section  47.     The  trustees  of  either  of  the  state  schools  Massachusetts 

.  xl     •      J"        school  for  the 

mentioned  in  the  two  preceding  sections  may,  at  their  dis-  feebleminded^ 
cretion,  receive  any  feeble-minded   person  from  any  part  state  school, 
of  the  commonwealth  upon  application  being  made  there-  missfo^n ?f  cer- 
for  by  the  parent  or  guardian  of  such  person,  which  appli-  ^j^a*^^'^ 
cation  shall  be  accompanied  by  the  certificate  of  a  physi-  persons. 


154  LAWS  RELATING  TO  EDUCATION. 

1886  298' I  3"    ^^^"'  '^1^^''^^^^^^  ^s  proviclcd  ill  section  fifty-three  that  such 
R.  l!  87, '§  117.  person    is   deficient   in   mental    abifity,    and    that   in    the 
1909!  504'.       ■  opinion  of  the  physician  he  is  a  fit  subject  for  said  school. 
i9i?'i22!§ 2.    The  physician  who  makes  the  said  certificate  shall  have 
iiyiiaaa'.lii.   examined   the    alleged   feeble-minded    person   within    five 
days  of  his  signing  and  making  oath  to  the  certificate. 
The  trustees  of  either  of  said  state  schools  may  also,  at 
their  discretion,  receive  any  person  from  any  part  of  the 
commonwealth  upon  the  written  request  of  his  parent  or 
legal  guardian,  and  may  detain  him  for  observation  for  a 
period  not  exceeding  thirty  days,  to  determine  Avhether  he 
is  feeble-minded. 
t?Srhu-         Section  66.     Any  judge  of  probate,  within  his  county, 
fo"thSeeWe-    "P^"  Written  application,  if  he  finds  that  a  person  residing 
wrSam        ^^  being  within  said  county  is  a  proper  subject  for  the 
state  school.       Massachusctts  school  for  the  feeble-minded  or  the  Wren- 
1886!  298!  §  t    tham  state  school,  may  commit  him  thereto  by  an  order 
fgoo;  fo8.S^li:  of  commitment,  directed  to  the  trustees  thereof,  made  in 
§§°63,  ufl        accordance  with  section  fifty-one,  and  accompanied  by  a 
1917,'  223;  1 1     certificate  in  accordance  with  section  fifty-three  by  a  phy- 
202  Mass'.  536.    siciau,  qualified  as  therein  provided,  that  such  person  is  a 
proper  subject  for  said  school,  and  all  provisions  of  said 
section  shall  apply  to  such  certificate.    The  order  of  com- 
mitment shall  also  direct  the  sheriff,  deputy  sheriff,  con- 
stable,  police  officer,   or  other  person  to  apprehend  and 
convey  the  said  person  to  the  school  to  which  he  has  been 
committed.     Unless  the  person  sought  to  be  committed  is 
present  at  the  time  of  the  hearing,  or  the  application  is 
made  by  some  one  legally  entitled  to  his  custody,  notice 
of  the  application  and  of  the  time  and  place  of  hearing 
shall  be  given  to  the  person  sought  to  be  committed,  and 
the  order  of  commitment  shall  state  what  notice  was  given 
or  the  finding  of  facts  which  made  notice  unnecessary,  and 
shall  authorize  custody  of  the  person  until  he  shall  be  dis- 
charged by  order  of  a  court  or  otherwise  in  accordance 
with  law. 

Purchase   of  Articles  manufactured  by   Prisoners. 

Chapter  127. 

b^trfso'eS'  Section  53.  The  commissioner  shall,  so  far  as  possible, 
iSslI.'li^-  c^use  such  articles  and  materials  as  are  used  in  the  offices, 
R I25,  §  45  departments  or  institutions  of  the  commonwealth  and  of 
i|\2. 565,"       ■  the  several  counties,  cities  and  towns  to  be  produced  by 


PURCHASE  OF  ARTICLES,  ETC.  155 

the  labor  of  prisoners  in  the  institutions  named  in  section  i9i6, 241,  §  i. 

fifty-one.  ineil: 

SrxTiON  55.     Annually  in  September  the  commissioner  List  of  prison 
shall  issue  to  the  officers  in  charge  of  the  offices,  depart-  mo?  4i4.''|^'. 
ments  and  institutions  named  in  section  fifty-three  a  de-  \g\l]  HI]  |  f 
scriptive  list  of  the  styles,  designs  and  qualities  of  said  ii^li^ls' 
articles  and  materials.    Any  difference  between  the  prison  3 Op.A. g. 495. 
officials  and  the  offices,  departments  or  institutions  in  re- 
gard to  styles,  designs  and  qualities  shall  be  submitted  to 
arbitrators,   whose   decision   shall   be   final.      One   of   said 
arbitrators  shall  be  named  on  behalf  of  the  prison  by  the 
commissioner,   one   by  the  principal   officer  of  the   other 
office,   department  or  institution  concerned,   and  one   by 
agreement   of   the   other   two.     The   arbitrators   shall    be 
chosen  from  the  official  service,  and  shall  receive  no  com- 
pensation for  performance  of  any  duty  under  this  section; 
but  their  actual  and  necessary  expenses  shall  be  paid  by 
the    prison    or   office,    department    or   institution    against 
which  their  award  is  given. 

Section  56.     Annually    in    November    the    officers    in  Estimate  of 

1  i?ii/T>  I'^j  J  i*,*i,'  1-       articles  needed 

charge  01  all  omces,  departments  and  mstitutions  named  m  in  public 
section  fift^^-three  shall  send  to  the  commissioner  an  esti-  i9io?^4i4,  §  3. 
mate  of  the  quantities  of  the  articles  and  materials  needed  \l\l]  fof;  §  1; 
for    their   respective    offices,    departments    or    institutions  HH'  ||^'  ^  ^• 
during  the  ensuing  year.     Said  estimates  shall  generally  §§  §2, 83.' 
observe  the  styles,  designs  and  qualities  named  in  the  de- 
scriptive list;    and  if  any  special  style  is  desired  in  con- 
siderable quantity,  the  estimate  shall  contain  a  request 
that  the  commissioner  shall  arrange  for  the  manufacture 
of  such  special  articles  as  may  be  needed. 

Section  57.     Annually    in    January    the    commissioner  Public  institu- 
shall  send  to  the  state  auditor,  to  the  auditing  and  dis-  shall 'purchase 
bursing  officers  of  the  several  counties,  and  to  the  auditor  facturld"°by "' 
and  treasurer  of  each  town  a  list  of  the  articles  and  ma-  ustlTurnish^ 
terials  that  can  be  produced  by  the  labor  of  prisoners  for  g^neT""'^' 
the  use  of  offices,   departments,   and  institutions   of  the  jiiy' ^|4' ^  ^^' 
commonwealth,  of  the  counties  and  of  the  towns.     The  is98;334; 
superintendent  of  buildings  of  the  commonwealth  or  the  1900, 269. 
purchasing  agent  of  a  town  shall  make  requisition  therefor  fgio,'  414,' 
to  the  commissioner  upon  forms  to  be  provided  by  him.  flil',  s'el,  §  2. 
In  the  case  of  articles  or  materials  not  required  to  be  pur-  J^}|*  |°J;  |  ^; 
chased  by  said   superintendent  needed  by  the  common-  i?^fA*|4  ||°' 
wealth,  or  of  articles  or  materials  needed  by  a  county,  or 
by  a  town  not  having  a  purchasing  agent,  the  requisition 


156  LAWS  RELATING  TO  EDUCATION. 

shall  be  made  by  the  officer  in  charge  of  any  of  the 
offices,  departments  or  institutions  named  in  section  fifty- 
three  in  which  such  articles  or  materials  are  needed.  The 
requisition  shall  conform  to  said  list  unless  it  appears  that 
special  style,  design,  or  quality  is  needed.  The  commis- 
sioner shall  forthwith  inform  said  superintendent,  pur- 
chasing agent  or  other  officer  in  what  institutions  they  are 
produced,  and  he  shall  purchase  them  from  any  institution 
so  designated.  If  they  are  needed  immediately  and  are 
not  on  hand,  the  commissioner  shall  forthwith  so  notify 
him,  and  he  may  purchase  them  elsewhere.  No  bill  for 
any  such  articles  or  materials  purchased  for  the  use  of 
said  offices,  departments  or  institutions,  otherwise  than 
from  a  prison  or  from  another  institution,  shall  be  allowed 
or  paid  unless  it  is  accompanied  by  a  certificate  from  the 
commissioner  showing  that  a  requisition  therefor  has  been 
made  and  that  the  goods  cannot  be  supplied  from  the 
prisons.  Provisions  of  any  city  charter  contrary  to  this 
section  shall  be  void. 
Prices  of  Section  58.     The   price   of   all   articles   and   materials 

prison  made  ,  ,      i^ 

artic^es.soid  Supplied  by  the  prisons  to  the  commonwealth,  counties, 
institutions.  citics  and  towns  shall  conform  as  nearly  as  may  be  to  the 
1898, 334,  §  5.  wholcsalc  market  rates  for  similar  goods  manufactured  out- 
R.  l!  225,  §  55.  side  of  the  prisons.  Any  difference  of  opinion  in  regard 
§§^4,' 6.^^'  to  price  may  be  submitted  to  arbitration  in  the  manner 
1912, 565,  §  3.    provided  in  section  fifty-five. 

Licenses. 

Chapter  140. 

Dog  Tax. 

S'Xexpended        Section  172.     Moucy  received  by  a  county  treasurer 
doL^fund°^         under  the  preceding  sections  relating  to  dogs,   and  not 
1867'  ilo'  I  ^12  P^^*^  ^^*  ^^^  damages,  shall,  in  January,  be  paid  back  to 
1869',  250,'  §  1.    the  treasurers  of  the  towns  in  proportion  to  the  amounts 
R.  L.  102,       ■  received  from  such  towns,  and  the  money  so  refunded  shall 
2  0p.'A.  G.  316.  be  expended  for  the  support  of  public  libraries  or  schools. 
In  Suffolk  county,  money  so  received  by  the  town  treas- 
urer and  not  so  paid  out  shall  be  expended  by  the  school 
committee  for  the  support  of  public  schools. 


LICENSES.  157 

Admission  of  Children  to  Billiard  Rooms. 

Section  179.     The  keeper  of  a  billiard,  pool  or  sippio  Penalty  for 
room  or  table,  bowling  alley,  or  place  in  which  pictures  are  mi™ars'tf 
displayed  upon  the  deposit  of  money  in  a  coin  controlled  roomsfetc. 
apparatus,  who  admits  a  minor  thereto  without  the  written  q^^|;  |if '§^7^; 
consent  of  his  parent  or  guardian,  shall  forfeit  ten  dollars  JHo'gl^' 
for  the  first  and  twenty  dollars  for  each  subsequent  offence.  P-  s.'io2,  §  113. 

R.  L.  102,  §  170.  1908,  368.  98  Mass.  6. 

Admission  of  Children  to  Entertainments. 

Section  197.     Whoever,  himself  or  by  his  servant  or  Admission  of 
agent,  admits  a  child  under  fourteen  to  any  licensed  show  entertainments 
or  place  of  amusement  unless  such  child  is  accompanied  1887,^446'. 
by  a  person   over  twenty-one,   shall,   on   complaint  of  a  fi84.^°^' 
parent  or  guardian  of  the  child  or  of  any  police  officer  or  J^oe,  107. 
of  an  attendance  officer  of  the  town  in  which  the  child  is  i9io;532. 
so  admitted,  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars;    but  he  shall  not  be  liable  to  said  fine  if 
a  child   apparently  fourteen  years  old  has  obtained  ad- 
mission by  any  written  misrepresentation  or  by  any  un- 
authorized entrance  to  said  place  of  amusement,  or  has 
entered  with  and  apparently  in  the  company  of  a  person 
over  twenty-one  but  does  not  remain  with  such  person, 
provided  the  person  in  charge  of  said  place  of  amusement 
shall  remove  such  child  immediately  therefrom  upon  knowl- 
edge that  the  child  is  under  fourteen  and  not  then  accom- 
panied by  a  person  over  tw^enty-one.     This  section  shall 
not  apply  to  shows  or  entertainments  which  take  place 
before  six  o'clock  in  the  afternoon  and  during  the  hours 
that  the  school  of  which  the  child  attending  such  show  or 
entertainment  is  a  pupil  is  not  in  session.     It  shall  be 
prima  facie  evidence  that  such  school  is  in  session  if  the 
public  schools  are  in  session  in  the  town  where  said  show 
or  entertainment  takes  place. 

Admission  of  Children  to  Dance  Halls. 
Section  198.     No  proprietor,  lessee  or  manager  and  no  Admission  of 

1  p  .    ,  ,  n  IT      young  persons 

employee  01  a  proprietor,  lessee  or  manager  01  any  public  to  dance  haiis 
hall  or  room  in  which  dancing  or  roller  skating  is  prac-  rkiics^  regulated. 
ticed,  and  for  admission  to  which  money  or  other  valuable  §§°f;|.^' 
thing  is   accepted,   shall   admit,   while   dancing   or   roller 


158  LAWS  RELATING  TO  EDUCATION. 

skating  is  practiced  therein  between  six  in  the  afternoon 
and  six  in  the  forenoon,  any  person  under  seventeen  unless 
such  person  is  accompanied  by  a  parent,  guardian  or 
adult  member  of  the  family  with  whom  such  person  is 
residing;  and  any  minor  may  be  refused  admission  to  or 
excluded  from  any  such  hall  or  room  while  a  dance  or 
roller  skating  is  being  carried  on  therein,  unless  such 
minor  produces  evidence  satisfactory  to  the  proprietor  or 
his  agent  that  he  is  over  seventeen.  This  section  shall 
not  apply  to  a  dance  given  by  any  charitable  or  religious 
society,  or  by  any  public  or  private  school,  or  by  any 
class,  society  or  club  the  membership  of  which  is  re- 
stricted to  some  particular  charitable  or  religious  society 
or  to  some  particular  public  or  private  school. 

Rates  of  Fares  of  School  Children. 

Chapter  161. 

fo^/schoo!*^  Section  108.  The  rates  of  fare  charged  by  street  or 
i9oo!^i97.  elevated  railway  companies  for  the  transportation  of  pupils 
?906;  463,' iii.^'  ^^  "^^^  public  day  schools  or  pubhc  evening  schools,  of 
i908%3o^'  ^^^'  vocational  schools  subject  to  chapter  seventy-four,  or  of 
Jocl'/^^-  oo    private  schools,  between  a  given  point  from  or  to  which 

185  Mass.  183.      •,     •  i>         i  i  ,  •  i       •        ,  i,.  . 

187  Mass.  436.  it  IS  ucccssary  tor  them  to  ride  in  travelling  to  or  from 
199  Mass!  279:    the  schoolliouses  in  which  they  attend  school  and  their 


212  Mass.  82.  homes,  whether  such  schoolhouses  are  located  in  the  city 
or  town  where  the  pupils  reside  or  in  another  city  or  town, 
shall  not  exceed  one  half  the  regular  fare  charged  by  such 
street  or  elevated  railway  company  for  the  transportation 
of  other  passengers  between  said  points,  and  tickets  for 
the  transportation  of  pupils  as  aforesaid,  good  during  the 
days  or  evenings  on  which  said  schools  are  in  session,  shall 
be  sold  by  said  companies  in  lots  of  ten  each.  A  railway 
company  violating  any  provision  of  this  section  shall  for- 
feit twenty-five  dollars. 

School  Savings  Banks. 

Chapter  168. 

may'be  "^"^^^  SECTION  25.  .  .  .  in  Order  to  encourage  saving  among 
sXoTchfidren.  school  children,  the  corporation  may,  with  the  written 
illg'.gi?!^^'  consent  of  and  under  regulations  approved  by  the  com- 
i^^f  1  i^'  1 1?,-  missioner  and,  in  the  case  of  public  schools,  by  the  com- 
missioner  and  the  school  committee  in  the  town  where  the 


MISUSE  OF  THE  FLAG.  159 

school  is  situated,  arrange  for  the  collection  of  savings  J^f^^lg^- 
from  the  school  children  by  the  principal  or  teachers  of  1911/211. 
such  schools  or  by  collectors.  All  money  so  collected  shall  iqiq!  350, 
be  entered  on  an  individual  deposit  card  furnished  by  ^^  '  ' 
the  corporation,  but  the  total  collections  received  by  the 
corporation  from  any  one  principal  or  teacher  may  be 
entered  in  the  name  of  such  principal  or  teacher  as  trustee. 
When  the  amount  deposited  by  any  one  pupil  and  credited 
on  the  deposit  card  equals  the  minimum  amount  upon 
which  interest  is  allowed  the  corporation  shall  issue  a  pass 
book  to  such  pupil  and  thereafter,  when  the  amount  de- 
posited by  the  pupil  and  credited  on  the  deposit  card 
equals  the  sum  of  one  dollar,  it  shall  be  transferred  to  the 
deposit  book  by  the  corporation.  The  principal,  teacher 
or  person  authorized  by  the  corporation  to  make  collec- 
tions from  school  children  shall  be  deemed  to  be  the  agent 
of  the  corporation  and  the  corporation  shall  be  liable  to 
the  pupil  for  all  deposits  made  with  such  principal,  teacher 
or  other  person  and  entered  upon  the  deposit  card,  the 
same  as  if  the  deposit  were  made  by  the  pupil  directly 
with  the  corporation.  .  .  . 

Power  to  Summons  Witnesses. 

Chapter  233. 

Section  8.     Witnesses    may    be    summoned   to    attend  ^forHown 
and  testify  and  to  produce  books  and  papers  at  a  hearing  "fg^g^^'^gg^  §  ^ 
before  ...   a  school  board,   ...   at  any  hearing   before  fggl"  ^267' 1 1 
them,    as    to    matters  within  their    authority;    and   such  isss!  323;  §  2! 
witnesses  shall  be  summoned  in  the  same  manner,  be  paid  r.  l!  175,  §  8. 
the  same  fees  and  be    subject  to  the  same  penalties  for  JgOTisls! 
default,  as  witnesses  before  district  courts.  ...  a  member  J^}|,  85. 
of  any  such   .  .  .   board   .  .  .   may   administer    oaths    to  |s\^:3^^°' 
witnesses  who  appear  before  such  .  .  .  board,  ...  120  Mass.  iis. 

Misuse  of  the  Flag. 

Chapter  264. 

Section  5.     Whoever  publicly  mutilates,  tramples  upon,  Penalty  for 
defaces  or  treats  contemptuously  the  flag  of  the  United  etc. 
States  or  of  Massachusetts,  whether  such  flag  is  public  or  1901;  153: 
private  property,   or  whoever  displays  such  flag  or  any  fgog- 195;  ^  ^■ 
representation  thereof  upon  which  are  words,  figures,  ad-  Jg^g;  HI';  ^604. 
vertisements   or    designs,    or    whoever   exposes   to    public  i9i4, 570. 


160  LAWS  RELATING  TO  EDUCATION. 

1917,265.         view,  manufactures,  sells,  exposes  for  sale,  gives  away  or 

1918, 257,  §1.     !•  '         e  ^  ^        •  r  e 

1919, 5.  has  in  possession  tor  sale  or  to  give  away  or  tor  use  tor  any 

iiiVass.  30.  purpose,  any  article  or  substance,  being  an  article  of  mer- 
205^u^s^34.'^*^'  chandise  or  a  receptacle  of  merchandise  or  articles  upon 
which  is  attached,  through  a  wrapping  or  otherwise,  en- 
graved or  printed  in  any  manner,  a  representation  of  the 
United  States  flag,  or  whoever  uses  any  representation  of 
the  arms  or  the  great  seal  of  the  commonwealth  for  any 
advertising  or  commercial  purpose,  shall  be  punished  by  a 
fine  of  not  less  than  ten  nor  more  than  one  hundred  dol- 
lars or  by  imprisonment  for  not  more  than  one  year,  or 
both;  but  a  flag  belonging  to  a  grand  army  post,  to  a 
camp  of  the  United  Spanish  War  Veterans,  or  belonging 
to  or  used  in  the  service  of  the  United  States  or  the  com- 
monwealth, may  have  the  names  of  battles  and  the  name 
and  number  of  the  organization  to  which  such  flag  belongs 
inscribed  thereon.  Words,  figures,  advertisements  or  de- 
signs attached  to,  or  directly  or  indirectly  connected  with, 
the  flag  or  any  representation  thereof  in  such  manner  that 
the  flag  or  its  representation  is  used  to  attract  attention 
to  or  advertise  such  words,  figures,  advertisements  or 
designs,  shall  for  the  purposes  of  this  section  be  deemed 
to  be  upon  the  flag. 

Crimes  against  Property. 

Chapter  266. 

Pretending  to  hold  a  College  Degree,  etc. 

fendiig  toxoid  Section  89.  Whoever,  in  a  book,  pamphlet,  circular, 
or'Lfantln^d;-  advertisement  or  advertising  sign,  or  by  a  pretended 
authorit*''""*  written  certificate  or  diploma,  or  otherwise  in  writing, 
Use  of  word       kuowiugly  and  falsely  pretends  to  have  been  an  officer  or 

university  '        a1,i  i 

or  "college."      tcacher,  or  to  be  a  graduate  or  to  hold  any  degree,  oi  a 
R.  l'.  208,  §  75.  college  or  other  educational  institution  of  this  common- 
22iVa^ss'.  190.    "Wealth  or  elsewhere,  which  is  authorized  to  grant  degrees, 
(i9'i9)28.         °^  °^  ^  public  school  of  this  commonwealth,  and  whoever, 
without  the  authority  of  a  special  act  of  the  general  court 
granting  the  power  to  give  degrees,  offers  or  grants  de- 
grees as  a  school,  college  or  as  a  private  individual,  alone 
or  associated  with  others,  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars  or  by  imprisonment 
for  not  more  than  one  year,   or  both.     Any  individual, 
school,  association,  corporation  or  institution  of  learning, 


CRIMES  AGAINST  PROPERTY.  161 

not  having  power  to  confer  degrees  under  a  special  act  of 
the  general  court  using  the  designation  of  "university"  or 
"college"  shall  be  punished  by  a  fine  of  one  thousand  dol- 
lars; but  this  shall  not  apply  to  any  educational  institu- 
tion whose  name  on  July  ninth,  nineteen  hundred  and 
nineteen,  included  the  word  "university"  or  "college". 

Wilful  Injury  to  Schoolhouses. 

Section  98.     Whoever  wilfully,  intentionally  and  with-  wiifui  injury, 
out  right,  or  wantonly  and  without  cause,  destroys,  de-  house,  church, 
faces,  mars  or  injures  a  schoolhouse,  church  or  other  build-  ture,  °etc.'^'^'^'" 
ing  erected  or  used  for  purposes  of  education  or  religious  q^^; ^gf ; §  67. 
instruction,  or  for  the  general  diifusion  of  knowledge,  or  fgo^l^eW  4^" 
an  outbuilding,  fence,  well  or  appurtenance  of  such  school-  f^-^jg^^f^l  ^^* 
house,  church  or  other  building,  or  furniture,  apparatus  or 
other  property  belonging  thereto  or  connected  therewith, 
shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  or  by  imprisonment  for  not  more  than  one  year. 

Defacement  of  Library  Books. 

Section  99.     Whoever  wilfully,  intentionally  and  with-  Defacement  of 
out  right,  or  wantonly  and  without  cause,  writes  upon,  iXanes.  °"  ° 
injures,  defaces,  tears  or  destroys  a  book,  plate,  picture,  1172;  42! 
engraving,  map,  newspaper,  magazine,  pamphlet,  manu-  fgs^s.lT'  ^  ^^' 
script  or   statue  which  belongs   to   a  law,  city,  town  or  i^9o^'|6|  §4g 
other  public  or  incorporated  library  shall  be  punished  by 
a  fine  of  not  less  than  five  nor  more  than  fifty  dollars  or 
by  imprisonment  for  not  more  than  six  months. 

Detention  of  Library  Books. 

Section  100.    Whoever  wilfully,  intentionally  and  with-  p^*^°*^^°  °^ 
out  right,  or  wantonly  and  without  cause,  detains  a  book,  libraries. 
newspaper,  magazine,  pamphlet  or  manuscript  which  be-  1901',  268,  §  4. 
longs  to  a  law,  city,  town  or  other  public  or  incorporated  ^'  ^'  ^°^'    ^** 
library  for  thirty  days  after  a  written  notice  from  the 
librarian  thereof,   containing  a  copy  of  this  section  and 
given  after  the  expiration  of  the  time  during  which,  by 
the   regulations   of   such   library,   such    book,   newspaper, 
magazine,  pamphlet  or  manuscript  may  be  kept,  shall  be 
punished  by  a  fine  of  not  less  than  one  nor  more  than 
twenty-five  dollars  or  by  imprisonment  for  not  more  than 
six  months. 


162  LAWS  RELATING  TO  EDUCATION. 

Disturbance   of  Schools  and   Public   Libraries. 

*  Chapter  272. 

S'scho'^oro?  Section  40.     Whoever  wilfully  interrupts  or  disturbs  a 

1849*^59"'''*'"^'  school  or  other  assembly  of  people  met  for  a  lawful  pur- 
p|'2oi'l23"  P°^^  shall  be  punished  by  imprisonment  for  not  more  than 
Rr  L.  212,  §  32.  one  month  or  by  a  fine  of  not  more  than  fifty  dollars. 

1  Gray,  476. 

SibHc'^fbraries.  SECTION  4L  Whoever  wilfully  disturbs  persons  assem- 
1885, 225.  ^^  blefj  in  a  public  library,  or  a  reading  room  connected 
therewith,  by  making  a  noise  or  in  any  other  manner 
during  the  time  when  such  library  or  reading  room  is  open 
to  the  public  shall  be  punished  as  provided  in  the  pre- 
ceding section. 


MISCELLANEOUS  CITATIONS. 


163 


CITATIONS  OF  MISCELLANEOUS  LAWS,  TO  WHICH  OCCA- 
SIONAL REFERENCE  MAY  BE  MADE. 


When  statutes  take  effect 

Daylight  saving       ..... 

Distribution  of  laws  .... 

Distribution  of  public  documents 

Travel  of  officials  outside  the  Commonwealth 

Deposits  of  duplicate  volumes  in  public  libraries  by  the  trustees 
of  the  State  Library      ....... 

Military  drilling  in  public  regulated  ..... 

Oaths  may  be  required  of  persons  bringing  demand  for  payment 

Size  of  official  stationery  ....... 

Powers  and  duties  of  school  committees  in  cities  that  have  adopted 
city  charters  of  A,  B,  C,  or  D 

Department   appropriations  in  certain  cities  wherein  the  appro 
priation  is  determined  by  law  at  a  certain  rate 

Public  playgrounds  ....... 

Property  of  educational  institutions  exempt  from  taxation    . 

Towns  may  maintain  dental,  medical  and  health  clinics 

School  authorities  may  be  required  by  a  court  to  furnish  informa- 
tion relating  to  delinquent  children 

Massachusetts  Training  Schools 

Liquor  licenses  forbidden  near  school  buildings 

Regulation  of  use  of  cinematographs 

Compressed  air  tanks  in  public  buildings    . 

Licenses  for  engineers  and  firemen     . 

Provisions  as  to  the  health  and  safety  of  employed  minors 


Compelling  witnesses  to  testify  before  town  officers 
Exemption  of  teachers  from  jury  duty 
Display  of  foreign  flags  on  schoolhouses  for  children 
Playing  of  national  anthem  regulated 
Expectorating  in  public  places  regulated     . 
Distribution  of  immoral  literature  forbidden 


Chapter 

Section 

4 

1 

4 

10 

5 

3 

5 

6 

6 

10 

6 

34 

33 

64 

40 

46 

40 

52 

43 


27-44 


44 

30 

45 

14-18 

59 

5 

111 

50 

119 

68 

120 

1-26 

138 

24 

143 

72-85 

146 

34-41 

146 

46-52 

149  4,  6,  11,  12,  53- 
55, 106-144 

233  9-11 

234  1 
264  8 
264  9 
270  14 
272  28 


INDEX 


IKDEX. 


Absence  from  school 

Penalty  for  inducing 

Recording  of,  in  school  register 
Absentees,  truants,  and  school  offenders 
Accountants,  town,  approval  of  bills  by 

Budget  estimates  for 
Admission  of  children  to  dance  halls,  entertainments,  etc. 
Advisory  board.  Division  of  Immigration  and  Americanization 

For  training  of  disabled  soldiers  and  sailors 
Advisory  board  of  education.    See  Department  of  Education. 
Advisory  committee  for  vocational  schools,  appointment  of 
Advisory  council  for  university  extension  courses 
Agents  of  Department  of  Education.     See  Department  of  Education. 
Agricultural  College,  Massachusetts.     .See  Massachusetts  Agricultural  College. 
Agricultural  education.     .See  Vocational  schools. 
Air  tanks,  compressed,  regulated      ..... 
Alcoholic  drinks,  effects  of,  to  be  taught  .... 
Aliens,  educational  work  for,  in  Division  of  Public  Libraries 

Education  of,  in  use  of  English  .... 

Protection  and  assistance  for     .  .  . 

American  history  and  civics  required  subjects 
Americanization.     See  Immigrants;  also  Immigration  and  Americanization,  Divi 

sion  of. 
American  School  for  the  Deaf  at  Hartford         ...... 

Amusement,  places  of,  admission  of  children  to  ..... 

Employment  of  children  in        .......  . 

Annual  Report.     See  Reports  of  Department  of  Education,  annual. 

Annuities  for  teachers.     .See  Retirement  system  for  teachers. 

Apparatus  and  school  supplies,  purchase  of        .....  . 

Appropriations :  — 

For  free  public  libraries    . 
Dog  tax  . 

For  public  schools   . 
Dog  tax  . 

Fees  for  evening  schools 
Fines  for  illegal  employment 
Penalty  for  failure  to  make 
Private  institutions  not  to  be  aided  from 
Prorated  in  certain  cities    . 

For  purchase  of  land         .... 


PAGE 

73, 

125 

74 

52 

'78-82 

143, 

144 

144 

157, 

158 

12 

11 

57 

10 

163 
30 
11 
18 
18 
30 


21 
157,  158 
125, 126 


42 

86,  140 

86,  156 

38,  140 

156 

35 

125 

38 

6 

146,  147 

140, 141 


168 


INDEX. 


Appropriations  —  Concluded. 

Liabilities,  incurred  between  December  31  and  next  appropriation 
Not  to  exceed  appropriation        .... 

Notices  to  heads  of  departments  by  accountant 
Receipts  to  be  paid  into  general  treasury   . 
Warrants  for  expenditures  of,  approval  of 
Approval  of  high  schools  ..... 

"Approved,"  definition  of,  for  vocational  education  . 
Arbor  and  bird  day,  observance  of  . 
Art  School,  Normal,  at  Boston         .  . 

Articles,  produced  by  the  blind,  use  of,  in  public  institutions 
Prison-made   ....... 

Assistants,  female,  required  in  certain  public  schools 
"Assured  minimum"  defined  ..... 

Athletic  and  other  school  organizations,  supervision  of 
Athletic  exercise  required  in  public  schools 
Attendance  officers:  — 

Appointment  and  compensation  of    . 
Complaints  by  .....  . 

Compulsory  school  attendance 

Duties  of         ......  . 

Educational  and  employment  certificates  accessible  to 

Factories  may  be  visited  by      . 

Habitual  truants,  absentees,  and  school  offenders 

May  be  apprehended  by    . 
Illegal  employment  of  minors    .... 

Neglected  children  .  .  .  .  .  . 

Penalty  for  hindering        .  .  .  .  . 

Places  of  amusement  may  be  visited  by 

Police  powers  of      .....  . 

Probation  and  parole 

Registration  of  minors  by  ...  . 

Service  of  summons  and  warrants  by 

Women  may  serve  as        ....  . 

Attendance  upon  school:  — 

Absences,  certain,  may  be  excused 
Compulsory  age  limits:  — 

Continuation  schools  .... 

Penalty  for  non-attendance     . 
Day  schools      ...... 

Penalty  for  non-attendance     . 
Evening  schools         ..... 

Penalty  for  non-attendance     . 
Contagious  and  infectious  diseases     . 
Employment  certificates  in  relation  to 
Enforcement  of,  by  school  committee 
Exclusion  from  school       ..... 

Illiterate  minors       ...... 

Married  women  exempted 
Nautical  schools  in  relation  to  . 
Non-resident  pupils,  tuition  of:  • — 
County  agricultural  schools 
County  training  schools      .... 


PAGE 

146,  148 

147 

144 

149 

143-145 

31,  32 

55 

139 

53 

21 

154-156 

37 

26 

41,  42 

30 

81 
74,  82 
74 
81 
117, 124 
123 
79 
82,  123 
122-125 
151, 152 

lis 

12a 
115-117,  123 

.  79,  80 
50 

.  81,  82 
81 

73,  74, 125 


.  35, 3& 
120,  123 
73,  74 
74,79 
74 
125 
44,77 
120,  121 
39,  73 
44,77 
124,  125 
74 
66,67 


73, 


74, 


62 
78,  79 


INDEX. 


169 


47 


Attendance  upon  school  —  Condaded. 

Non-resident  pupils,  tuition  of  —  Concluded. 
Elementary  day  schools 
High  schools     ..... 

Inmates  of  certain  institutions    . 
Normal  schools  .... 

Parents  responsible  for,  in  certain  cases 
Public  charges  .... 

School  committee,  consent  of 

Appeal  to  Department  of  Education 
Vocational  schools     .... 

Public  charges  in  . 
Parents  or  guardians,  duties  of,  as  to 
Penalty  for  inducing  absence  of  minors 
Physical  or  mental  condition  in  relation  to 
Private  schools,  approval  of,  in  relation  to 
Transfer  cards  ..... 

Transportation  (see  also  Transportation  of  school  children) 
Vaccination    ...... 

Vocational  schools,  restrictions  as  to  age  in 
Where  children  may  attend 
Attorney-General,   approval  of   forms  for  educational  and   employment    certifi 

cate  by      . 
Auditor,  city  or  town,  approval  of  bills  by 
Average  membership,  computation  of 


PAGE 

31,  32,  47,  75,  76 

31,  32,  47,  75,  76 

76 

54 

75 

75.76 

48,   76 

32,47 

57,  62 

57,58 

74 

74 

73,74 

73,74 

76,  77 

47 

77 

58,62 

75 


114, 122 

143 

25,  52 


B. 

Badges  for  minors  in  street  trades    . 

Banks,  school  savings 

Baptismal  certificates  as  proof  of  age 

Barnstable,  State  Normal  School  at 

Bible  to  be  read  in  public  schools     . 

Billiard  and  pool  rooms,  exclusion  of  minors  from 

Bills,  approval  of,  by  town  accountant  or  auditor 

Bird  day,  observance  of 

Birth  certificates  as  proof  of  age 

Penalty  for  forgery  of 

Town  clerks  forbidden  to  charge  for  issuance  of 
Blind,  adult,  books  for,  loan  of 

Financial  aid  for 

Industrial  aid  and  training  for 

Instruction  of,  in  homes  . 

Register  of      . 

Visitation  of,  in  their  homes 

Workshops  for 

Sale  of  articles  produced  in 
Blind,  Division  of:  — 

Commission  for  the  blind,  appointment  of 

Director  of,  appointment,  salary,  and  term  of 
Duties  of  ..... 

Teachers,  etc.,  appointed  by 

Duties  of         .....  . 


11.3, 

114 

158, 

159 

119, 

122 

53 

38 

157 

143 

139 

119, 

122 

122 

120, 

121 

20 

20 

19 

20 

19 

20 

19 

21 

12 

12 

.  1£ 

1-21 

12 

.  1£ 

1-21 

170 


INDEX. 


PAGE 

Blind,  education  of  ....-.••••  •     21,  22 

Constitutional  provision  for       .........  7 

Sight-saving  classes  for     .........  .  19 

Board  of  Free  Public  Library  Commissioners.     See  Public  Libraries,  Division  of. 

Board  of  trustees  for  vocational  education.     .See  Vocational  schools. 

Boarding  houses  at  State  normal  schools  ........  53 

Boilers,  inspection  of      ......■■-  .  133-137 

Annual  inspection  required        ........  133,  134 

Boilers  not  to  be  operated  without  inspection      .  .  .  .  .  .134 

Certificates  of  inspection  ........  135,  136 

Defects  in       ...........  .         13& 

Fees  for  ............         135 

First  inspection        ...........         136 

Hindering  inspectors  forbidden  .  .     '     .  .  .  .  .  .         137 

Hydrostatic  pressure  tests         .........         136 

Insurance  companies         .........  134,  135 

Penalties  for  violation  of  law  relating  to     .  .  .  .  .  .  .137 

Preparation  of  boilers  for  inspection  .......         135 

Safety  appliances     ..........  134,  135 

Safety  plug 136 

Uninsured  boilers    ..........  134,  136 

Books,  purchase  and  loan  of    ........  .         38,  42,  45 

Circulation  of,  among  the  blind  ........  20' 

Library,  defacement  and  detention  of         ......  .         161 

Sectarian,  use  of,  in  public  schools,  prohibited     ......  38 

Bootblacks,  regulation  of         .  .  .  .  .  .  .  113,  114,  151 

Boston,  city  of:  — 

Absentees,  school  offenders,  and  truants  in  .....  .  82 

Teachers  of,  not  included  in  State  retirement  system  .....     98,  99 

Wards  of,  tuition  of  .........  .     75,  76 

Boston,  Normal  Art  School  at  ........  .  53 

Bradford  Durfee  Textile  School 13,  14,  65 

Bridgewater,  State  Normal  School  at        .......  .  53 

Bristol  County  Agricultural  School  .......         58, 61-63 

Budgets,  annual,  in  certain  cities     ........  147,  148 

Town  accountants  in  relation  to         .......  .         144 

Buildings,  construction  of:  — 

Approval  of  plans 128,  129 

Certificate  of  inspection   ..........         131 

Examination  of,  by  school  physician  .......  43 

Fire  escapes  and  exits       .........  129-132 

Fire  escapes  and  stairways  to  be  kept  clear  ....  129,  130 

Fire  extinguishers    ...........         130 

General  penalty 132,  133 

Penalty  for  hindering  inspector  .  .....  .  132 

Use  of  buildings,  change  in        ........  .         131 

Ventilation  and  sanitation         .........         132 

Wooden  flues  prohibited  ..........         130 

"Buildings,  pubhc,"  definition  of 128 

"Buildings  used  for  industrial  purposes,"  definition  of         .....  103 


INDEX. 


171 


to  State  Auditor 


c. 


Calisthenics  in  public  schools  .... 

Census,  school        .  .  .  .  . 

Certificate  in  annual  school  returns 
Certification  of  superintendents  of  schools 

Of  teachers:  — 

For  continuation  schools    .... 
For  State-aided  high  schools 
For  vocational  schools        .... 
Chairman  and  secretary  of  joint  committee,  certificate  of, 

Election  of      ......  . 

Chairman  of  school  committee,  certificate  of,  on  claims  for  State  aid  under  ch 
70 

School  returns  and  report,  filing  of    . 
Charters,  city         ..... 
"Child,"'  definition  of     . 
Children:  — 

Admission  of,  to  places  of  amusement 
To  dance  haUs,  billiard  rooms 

Apprehension  of,  without  a  warrant  . 

Blind,  education  of  ... 

Concerts,  musicales,  etc.,  by,  licenses  for 

Crippled,  education  of      . 

Deaf,  education  of  . 

Delinquent  and  wayward,  Massachusetts  Training  Schools  for 

Employment  of        .....  . 

Examination  of,  by  school  physician 

By  teachers       ...... 

Exclusion  of,  from  school  .... 

Exhibition  of,  theatrical,  regulated    . 

Feeble-minded,  education  of      . 

Habitual  truants,  absentees,  and  school  offenders 

Indigent  or  neglected        ..... 

Inmates  of  certain  institutions,  tuition  of  . 

Islands,  children  living  on,  transportation  of 

.Juvenile  offenders    . 

Lunches,  school,  for 


Medical  inspection  of 

Mentally  retarded   . 

Proceedings  against 

Protection  of  . 

Rights  of,  in  attendance  on  school 

School  attendance  of,  regulated 

School  offenders         ...... 

Training  Schools,  Massachusetts 

Transportation  of,  living  over  two  miles  from  school 

Reduced  fares  for      ..... 

To  high  schools  in  other  towns   . 

To  schools  in  other  towns 
Tuition  of,  in  high  schools         .... 

Vaccination  of  .....  . 

Wards  of  the  city  of  Boston  and  the  Commonwealth,  tuition  of 


79 


apter 


82, 


152, 


P.^.GE 

30 
49,50 
50,51 

47 

36 
17,33 
55 
46 
46 

25.  28 
51,52 
147, 163 
103 

157 

157 

82.  123 

7,  20,  21 

126 

33,  152 

7,21 

163 

108-126 

43,  44 

44 

77 

125 

153, 154 

78-81 

151, 152 

76 

77 

163 

48 

43-45 

41 

154,  163 

82 

75 

73-77 

78-82 

163 

47 

158 

32 

47 

31 

77, 151 

57,  75,  76 


172 


INDEX. 


Cinematographs,  regulation  of  use  of 
City  charters.  Plans  A,  B,  C,  and  D 
Civics  a  required  subject 

Clarke  School  for  the  Deaf,  at  Northampton 
Clerical  service  of  Department  of  Education 
Clinics,  health  and  dental,  board  of  health  may  establish 
Closing  of  schools  for  teachers'  conventions 
College,  degree-granting  by,  regulated 
Duty  of  instructors  in      . 
Harvard  ..... 

Pretending  to  hold  a  degree  from,  penalty  for 
Use  of  term,  regulated 
Commission  for  the  Blind,  appointment  of 
Commissioner  of  Education:  — 

Appointment,  salary,  and  term  of 
Duties  and  powers  of,  in  general 

Administration  and  enforcement  of  laws 
Advisory  board  of  education,  chairman  of    . 
Annual  reports:  — 

Abstract  of  school  returns 

Authorized    ...... 

Blind  and  deaf,  education  of  . 
Distribution  of       ....  . 

Free  Public  Library  Commissioners,  Board  of 

Massachusetts  Agricultural  College 

Massachusetts  Nautical  School 

Teachers'  Retirement  Board   . 

Textile  schools  .... 

Vocational  education      .... 

Blind  and  deaf  children,  supervision  of  education  of 
Collection  and  distribution  of  information  on  education 
Collection  of  books,  apparatus,  etc. 

Of  reports  and  returns  of  school  committees 
Continuation  schools,  approval  of        .  .  . 

Conventions  and  teachers  institutes,  arranging  for 
Directors  of  divisions,  appointment  of 

Disabled  Soldiers  and  Sailors,  Training  of.  Division  for,  chair: 
Divisions,  organization  and  supervision  of    . 
Documents,  State,  preservation  and  distribution  of,  relating  to 
tion  ........ 

Educational  institutions,  incorporation  of    . 

Executive  and  administrative  head  of  Department 

Expenditures  of  Department  of  Education  . 

Forms,  preparation  of,  for  school  census  and  school  returns 

Massachusetts  Agricultural  College,  trustee  of 

Massachusetts  School  Fund,  Commissioner  of 

Normal  schools  ..... 

Recommendations  to  the  General  Court 
School  registers,  preparation  and  distribution  of 
Inspection  of  ....  . 

School  returns,  collection,  correction,  and  compilation  of 

Notification  to  chairman  of  failure  to  file 
School  savings  banks,  regulations  of,  approval  of 


h  11- 


man  of 


PAGE 

163 

163 

30 

21 

13,  66,  71 
163 
48,  49' 
138, 160 
6,37 
5,  6 
160 
160 
12 


8,9 
9,  10,  15,  16 
9 
9^ 

16 

16 

22 

49 

85 

68 

67 

98 

65 

16 

21,22 

15,  16 

15 

15 

36 

10,16 

9 

11 

9 


educa- 


15 

138 

9 

10 

49 

13 

26 

53 

15 

49 

52 

50-52 

51,52 

158 


INDF.X. 


173 


Commissioner  of  Education  —  Concluded. 
Duties  and  powers  of  —  Concluded. 

State  aid,  supervision  of  distribution  of,  on  account  of 
Continuation  schools 
High  schools  in  small  towns    . 
\  High  school  tuition  and  transportation 

Massachusetts  School  Fund     . 
Superintendents  of  schools  in  small  towns 
Teachers'  salaries,  from  income  tax 
Vocational  education 
Supervision  of  all  State-aided  education 
Teachers'  conventions,  holding  of 
Teachers'  Retirement  Board,  member  of 
Textile  schools,  trustee  of  . 

University  extension,  advisory  councils  for,  appointment  of 
Visitation  of  schools 

Vocational  education,  approval  of,  as  to:  — 
Administration  and  support  of,  plans  for 
Advisory  committees  for,  organization  of 
County  agricultural  schools,  estimates  of 
Household  arts  in         .  .  . 

Non-resident  pupils  in 
Federal  Board  for  Vocational  Education,  co-operation  with 
Federal  funds,  disposal  of         . 
Gardening,  poultry  raising,  etc.,  schools  for 
Non-resident  pupils,  admission  of     . 
Rehabilitation  of  disabled  persons    . 
Reimbursement  for  maintenance 

Agricultural  departments     . 
Report  to  General  Court  on  expenditures 
Shoemaking  School,  Independent  Industrial,  of  Lynn 
Smith's  Agricultural  School     .... 

Supervision  ....... 

Teacher-training  classes  .... 

Tuition  rates  ...... 

Reports  of  school  committees  to  be  sent  to 
Travelluig  expenses  of,  allowance  for 
Commissioners  of  the  Massachusetts  Nautical  School 
Commissioners  of  the  Massachusetts  School  Fund 
Committee,  school.     ,See  School  committee. 
Compensation  of  school  committees  regulated   . 
Compulsory  school  attendance.     See  Attendance  upon  school 
Concerts  by  school  children,  licenses  for  .... 

Constitution  of  Massachusetts,  educational  provisions  of    . 
Construction  of  school  buildings.     See  Buildings,  construction  of 
Contagious  and  infectious  diseases :  — 

Certificate  from  board  of  health         ..... 

Enumerated    ......... 

Examination  of  pupils  for,  by  school  physician    . 
Exclusion  from  school  on  account  of  .... 

Continuation  schools :  — 

Approval  of    ........  • 

Attendance  regulated        ....... 

Penalty  for  non-attendance  ..... 


PAGE 

.36 
31 
32 
28 
46 
2.5 
57,  58 
15 


10, 


16 
13 
14 
10 
15 


55,  56 
57 
62 
63 
62 
59 

59,60 
58 

57,  62 
10 
57 
58 
16 
60 
61 
56 
59 
57 
51 
10 

14,66 
26 

42 

126 
5-7 


.     44,  77 

77 

.     43, 44 

.     44, 77 

36 

36 

120, 123 


174 


INDEX. 


Continuation  schools  —  Concluded. 

Defined  as  part  of  public  school  system 

Establishment  of,  required  in  certain  towns 

Hours  of  session  of  . 

Included  in  hours  of  labor 

Length  of  school  year 

Minors  temporarily  unemployed 

Penalty  for  neglecting  to  appropriate  funds  for 

Quarters  for    .... 

Reimbursement  for 

Training  of  teachers  for    . 
Conventions  of  teachers,  calling  of  . 

Closing  schools  for  . 
Conveyance  of  children.     See  Transportation  of  school  children 
Corporations,  school  funds  of,  management  of 
Correspondence  instruction,  establishment  of 
Correspondence  schools,  regulation  of 

Pupils  defrauded  bj'  .  .  . 

County  agricultural  schools     . 
County  training  schools,  establishment  of 

Commitments  to      . 

Discharge  of  inmates 

Habitual  truants,  absentees,  and  school  offenders 

Jurisdiction  of  courts 

Parole    ..... 

Probation  of  school  offenders    . 

Support  of  inmates 

Temporary  release  of  inmates  . 

Unruly  inmates 

Visitation  of    . 
Courses  of  study:  — 

Adoption  of,  by  school  committees 

Recommendation  of  superintendent  of  schools 

American  history  and  civics  required 

Continuation  schools 

Elementary  schools,  required  subjects  in 

Evening  schools 

High  schools,  required  subjects  in 
Approval  of  small  high  schools 
Spanish   .... 

Manual  training  and  household  arts 

Moral  instruction     . 

Required  subjects    . 

Vivisection  and  dissection  regulated 

Vocational  schools  . 

Countj'  agricultural  schools 
Courts,  jurisdiction  of    . 
Crippled  children,  compulsory  attendance  of 

High  school  instruction  for,  in  small  towns 

Massachusetts  Hospital  School 


PAGE 
36 

3.5,  36 
36 
112 
36 
36 
37 
36 
36 
59 

10,  16 
48 

49 

17 

149, 150 

150 

58,  61-63 

78 

79,81 
80 
79 
81 
80 
79 

78,79 
80 
81 
79 

30,39 
45 
30 
36 
30 
35 

30,  31 
31 
33 
34 
37 
30 
38 
55 
63 
81 

73,74 

33 

152 


INDEX. 


175 


D. 


Dance  halls,  admission  of  children  to 
Daylight  saving     .  .  .  .  . 

Deaf,  education  of  .... 

Constitutional  provision  for 
Debts,  purposes  for  which  towns  maj-  incnr 
Degrees,  authority  to  grant     . 
Falsely  pretending  to  hold 
Granting,  without  authority 
Lowell  Textile  School  may  grant 
Massachusetts  Agricultural  College  may  grant 
Normal  schools  may  grant 
Dehnquent  and  wayward  children,  Massachusetts  Training  Schools  for 
Dental  and  health  clinics,  board  of  health  may  establish    ... 
Department  of  Education:  — 

Advisory  board  of  education,  appointment,  compensation,  and  term  of 
Commissioner  of  Education,  chairman  of 
Duties  of  ..... 

Ad\'isory  councils  for  university  extension,  approval  of 
Vocational  education 
Meetings  of       ....  • 

Membership  of  .  .  . 

Vocational  Education,  State  Board  for 
Agents  of,  appointment,  removal,  salaries,  and  transfer  of 
Educational  certificates  accessible  to  . 
Employment  certificates 
School  registers      .... 
Publication  of  books  by,  prohibited     . 
Agricultural  education.     See  Vocational  schools 
Approval  of  claims  for  State  reimbursement  on  account  of: 
Agricultural  departments  . 
Agricultural  schools  . 
Americanization  classes 
Continuation  schools 
General  School  Fund 
High  school  transportation  and  tuition 
Income  tax 

Massachusetts  School  Fund 
Sight-saving  classes  . 
Superintendents  of  schools 
Teachers'  salaries 

In  high  school 
Vocational  schools,  maintenance  of 
Tuition  in      . 
Approval  of  high  schools 
Of  continuation  schools 
Of  vocational  schoofs 
Blind,  adult.     See  Blind,  adult. 
Blind  and  deaf,  education  of,  supervision  of 
Boarding  houses  at  State  normal  schools    . 
Census,  forms  for,  preparation  of 
Certification  of  superintendents  of  schools 


PAGE 

157,  158 
163 

91     90 

7 

14fi 

138 

160 

160 

66 

69 

54 

163 

163 


8,9 

9 

8-10,  15-18,  21,  22 

10 

10,60 

9 

8,9 

10,60 

9,  10 

124 

122 

52 

9,10 


58 
57-61 
18 
36 
25,28 
32,33 
25,28 
28 
19 
46,47 
25,28 
31.  33 
55,  57-60 
57,58 
31,32 
36 
55.  56 

21,22 
53 

49,50 

47 


176 


INDEX. 


Department  of  Education  —  Continued. 
Certification  of  teachers  for:  — 

Continuation  schools 

High  schools,  State-aided  . 

Vocational  schools 
Clerical  assistance  for       . 
Commissioner  of  Education.     Sec  Commissioner  of  Education. 
Continuation  schools,  approval  of 
Correspondence  instruction,  provision  for  . 
Correspondence  schools,  regulation  of 
County  training  schools,  visitation  of 
Degree-granting  power  for  normal  schools 
Directors  of  divisions,  appointment  of 
Divisions  of,  organization  of      . 

Blind 

Immigration  and  Americanization 

Public  Libraries  .... 

Training  of  Disabled  Soldiers  and  Sailors 

University  Extension 

Vocational  Education 
Duties  and  powers  of,  in  general 
Educational  and  employment  certificates  accessible  to 

Records  of,  prescribed  by 
E.xpenditures,  report  to  General  Court  on 
Grants  for  educational  purposes,  may  receive  in  trust 
High  schools:  — 

Approval  of,  for  admission  of  tuition  pupils 
Organization  of      . 
Tuition  rates 

Certification  of  teachers  for 
Immigrants,  adult,  education  of 
Incorporation  of  educational  institutions 
Massachusetts  School  Fund 
Medical  inspection  material 
Mentally  retarded  children,  education  of 
Model  and  practice  schools 
Normal  schools        .... 
Nurses,  school,  exemption  of  small  towns  relative  to 
Organization  of        ...  . 

Powers  and  duties  in  general     . 
Private  schools,  statistics  relating  to 
Records  of,  open  to  public 
Registration  of  teachers   . 

Of  minors,  forms  for 
Report,  annual         .... 
School  registers,  reports,  and  returns 
Sight  and  hearing  test  material 
Superintendency  unions :  — 

Certification  of  superintendents 

Dissolution  of  . 

Formation  and  readjustment  of 

Reimbursement  to     . 

Removal  of  superintendent 


PAGE 

36 

31,  33 
55 

9 

36 

17 

150 

79 

54 

9-12 

9 

9,  12,  19-21 

9,  12,  18 

9 

.     11.64 

10, 17, 18 

10,  16, 55-64 

8-22 

122, 124 

122 

16 

16 

32 
31 

32,  75 
17.33 

18 

138 

26-28 

44,45 

41 

53 
53,54 

43 

8,    9 

8-22 

16.  17 

16 

17 
49,50 
15,  16 

49 
44,45 

47 

45 

45,  46 

46,47 

46 


INDEX. 


177 


Depart  men  t  of  Education  —  Concluded. 

Teachers'  conventions 

Teachers'  Registration  Bureau 

Todd  Fund 

Transportation  of  children  on  islands 

Tuition  rates,  approval  of 

University  extension  courses 
Advisory  councils  for 
Offices  for  .... 

Vocational  education 
Department  of  Public  Health :  — 

Directions  for  testing  sight  and  hearing 

Examination  of  school  buildings 
Directors  of  divisions,  appointment  of 
Disabled  soldiers  and  sailors,  training  of  . 
Discipline  of  schools,  power  of  school  committee  as  to 

Exclusion  for  misconduct 
Diseases,  contagious  and  infectious,  exclusion  from  school 
Dismissal  of  teachers  and  superintendents 

District  superintendents  . 

Union  superintendents 
Dissection  and  vivisection  in  public  schools 
District  vocational  schools 
Districts,  superintendency,  formation,  of  . 
Disturbance  of  public  libraries  and  schools 
Divisions  in  Department,  organization  of 
Dog  tax,  use  of,  for  free  public  libraries     . 
For  public  schools    .... 
Domestic  arts,  supplies  for 
Doors  of  schoolhouses,  exit 
Drawing  a  recjuired  subject  in  public  schools 
Drill,  military,  in  public,  regulated 

In  public  schools      .... 
Drug  stores,  employment  of  minors  in 


on  account 


of 


PAGE 
10,  16 

17 
28 
77 

31,  32,  57,  75 
17 
10 
10 
55-63 

44 

132 

9 

11,64 

39,  79 

77,79 

77 

40,41 

40,45 

40,46 

38 

56,57 

45 

162 

9 

86,  156 

156 

42 

128, 129 

30,  35 

163 

30,31 

111 


E. 

Ears  and  eyes  of  pupils,  testing  of   . 

Educational  and  employment  certificates.     Sec  Employment  of  minors 

Educational  institutions,  degree-granting  by 

Exempt  from  taxation      .... 

Granting  degrees  without  authority,  penalty  for 

Incorporation  of       . 
Educational  trusts  and  grants,  management  of 
Election  of  school  committee  .... 

Penalty  for  refusal  to  choose  school  committee 
Eminent  domain,  taking  land  by      . 
Employment  of  minors:  — 

Attendance  officers,  powers  of  . 

Badges  for  street  trades    .... 

Department  of  Labor  and  Industries,  duties  of 

Duplicate  certificates,  issuance  of 


44 


138 

163 

160 

138 

49 

141 

142 

38 

140 

115. 

123 

113, 114, 

151 

105 

, 

121 

178 


INDEX. 


Employment  of  minors  —  Concluded. 
Educational  certificate:  — 

Accessible  to  officials  .... 

Age,  evidence  of        ....  . 

Evening  schools  ..... 

Eees  prohibited  ..... 

Forms  prescribed  and  furnished  by  Department  of  Labor 

Issuance  of        .....  • 

Refusal  to  produce  ..... 
Employment  certificate :  — 

Accessible  to  officials  .... 

Age,  evidence  of         ...  . 

Contents  of       .....  . 

Continuation  schools  .... 

Duplicates,  issuance  of       . 

Employer's  promise  of  employment     . 

Fees  prohibited  ..... 

Forms  prescribed  and  furnished  by  Department  of  Labor 

Issuance  of        .....  • 

liimited    ....... 

Physician's  certificate         .... 

Refusal  to  issue  ..... 

Required  ...... 

Return  of  .....  . 

School  record    ...... 

Schooling  requirement        .... 

Special  certificate  for  domestic  and  farm  work 
Filing  of  certificates  ..... 

Forgery  of  certificates  or  proofs  of  age 

Forms  for  certificates,  furnishing  of   . 

Home  permits  ...... 

Hours  of  labor  of  women  and  children 

Illegal  employment  ..... 

Inspectors,  duties  of  ....  . 

Limited  certificates  ..... 

Lists  of  minors  to  be  posted       .... 

Messengers      ....... 

Penalties 109, 

Records  of  certificates      ..... 
Regulated,  minors  under  fourteen  years 

Under  sixteen  years  ..... 

Under  eighteen  years  .... 

Under  twenty-one  years  .... 
Return  of  certificates  ..... 
Revocation  of  certificates  .... 

Street  trades  regulated      ..... 
Theatrical  exhibition  of  children  under  fifteen  prohibited 
Employment  of  teachers  ..... 

Engineers  and  firemen,  licensing  of  ... 

English  language  and  grammar  a  compulsory  study 
English  language,  instruction  in,  in  private  schools    . 
English,  use  of,  education  of  adults  in       . 
Entertainments,  admission  of  children  to 


PAGE 

124 

124 

.  .35,  124,  125 

120, 121 

and  Industries    122 

124 

124 

117,122 

119 

121 

35-37,  120,  123 

121 

118 

120,  121 

and  Industries    122 

117, 118, 122 

120, 121 

118 

121, 122 

117 

117 

120 

121 

117 

117, 121, 122 

122 

122 

117 

.  108-110,  112-114 

122,  123,  125 

.  115, 116, 123 

120,  121 

.  109 

,  114,  117,  124 

112, 113 

115-11& 

, 122, 125, 126 

122 

110 

110,  111,  117 

111,112 

112 
117, 125 

120, 125 

113, 114,  151 

125, 126 

39 

163 

30 

74 

18 

157 

INDEX. 


179 


Essex  County  Agricultural  School    . 

"Evening  class,"  definition  of,  for  vocational  schools 

Evening  lectures    ...... 

Evening  schools:  — 

Compulsorj'  attendance  of  illiterate  minors 
Fees,  payment  of     . 

Fines  for  illegal  employment  enure  to  use  of 
High  schools  required  in  certain  cities 
Length  of  term         .... 
Maintenance  of,  required  in  certain  towns 
Notices  of  opening  .... 
Required  subjects  of  instruction  in     . 

Examination  and  selection  of  teachers 

Examination  of  school  children,  medical  . 

Exclusion  from  school :  — ■ 
Action  for  unlawful 
Contagious  and  infectious  diseases 
Race,  color,  or  religion  not  grounds  for 
Right  to  a  hearing  .... 
Vaccination     ..... 

Exhibition  of  school  work  at  expositions  . 

Expectorating  in  public  places  regulated  . 

Experiment  station  .... 

Experimental  farm  .... 

E.xtension  and  correspondence  courses,  conduct  of 

Eyes  and  ears,  testmg  of  ...  . 


PAGE 

58, 61-63 
55 
37 

35. 125 
35 

125 
35 

35,  39 
35 
35 
35 
39 

43-45 

77 

44,77 

75 

77 

77 

42 

163 

68,  70,  71 

71 

17 

44 


"Factory,"  definition  of  ......... 

Fall  River,  Bradford  Durfee  Textile  School  at  . 

Fares  for  school  children,  reduction  in       ......  . 

Federal  Board  for  Vocational  Education  ....... 

Federal  funds  for  vocational  education,  disposal  of    . 

Feeble-minded  children,  education  of         ......  . 

Fees  for  procuring  positions  for  teachers  regulated     ..... 

Fees  prohibited  in  connection  w-ith  educational  and  employment  certificates 
Female  assistants  required  in  certain  schools     ...... 

Fines.     See  Penalties,  fines  and  forfeitures. 

Fire  escapes,  required  on  schoolhouses      .......  129, 

To  be  kept  clear      .......... 

Fire  extinguishers  required  in  schoolhouses        ...... 

Fitchburg,  State  Normal  School  at  ....... 

Flag  day,  observance  of  ......... 

Flag: — 

Display  of       ..........  . 

Foreign,  display  of  ......... 

Misuse  of        ..........  . 

Flower  of  the  Commonwealth  .  .  ... 

Forestry,  instruction  in,  at  Massachusetts  Agricultural  College  . 
Framingham,  State  Normal  School  at       ......  . 

Free  lectures  ........... 


104 

65 

63, 

158 

.  59, 60 

.  59. 60 

153. 

154 

.  4] 

1,47 

120, 

121 

37 

131. 

132 

129, 

130 

130 

53 

139 

48 

163 

159, 

160 

138 

72 

53 

37 

180 


INDEX. 


Free  public  libraries        ..... 

Free  textbooks  and  school  supplies  . 

Fuel  for  schoolhouses      ..... 

Funds :  — 

Educational,  exempt  from  taxation    . 
Federal  funds  for  vocational  education 
Grants,  bequests,  etc.,  for  educational  purposes 
Income  tax,  —  General  School  Fvmd 
Massachusetts  School  Fund 
Todd  Fund  for  normal  schools 


PAGE 

84-87 
42 
48 

163 
59,60 

49 
23-28 
26-28 

28 


G. 

Games,  play  and,  required  subjects  .... 

Games,  supervision  of,  expenditures  for,  by  school  committee 
Good  behavior,  instruction  in  ..... 

Grants  for  educational  purposes,  receipt  and  administration  of 
Gymnastics,  calisthenics,  military  drill  in  public  schools 


30 

41,42 

30 

16 

30,31 


H. 

Habitual  absentees,  truants,  and  school  offenders 
Half  fares  on  street  railways   ..... 
Health,  boards  of,  and  medical  inspection 

Contagious  diseases           ..... 
Health,  Public,  Department  of,  directions  for  testing  sight 
by    . 

Schoolhouses,  inspection  of        ...  . 

Hearing :  — 

Pupils  not  to  be  excluded  without 

Teachers  not  to  be  discharged  without 
Hearing  and  sight  tests  in  schools    .... 
Heating  and  ventilation  of  schoolhouses,  inspection  of 
High  schools :  — 

Agricultural  departments  in      . 

American  history  and  civics  required  subjects  in 

Approval  of,  for  State  aid 
For  non-resident  pupils 
Organization  of,  in  superintendency  unions 
Tuition  rates  of  ...  . 

Certification  of  teachers   .... 

Courses  of  study  in,  four  years  in  length     . 

Definition  of  . 

Evening,  required  in  certain  towns    . 

Facilities  in  small  towns,  provision  for 

Length  of  school  year       .... 

Maintenance  of,  required  in  certain  towns 
Exemption  of  certain  towns 

Manual  training  and  household  arts  in,  required 

Physically  disabled  pupils,  education  of 

Spanish,  commercial,  required  in  certain     . 

State  aid  for  certain  .... 


and  hearing  prescribed 


in  certain  towns 


78-82 

63, 158 

43 

44,  77 

44 
132 

77 

40 

44 

132 


55,  57,  58 
30 
31 

.  31, 32 
31 

.     32,  75 

.  17,  33 
31 
33 
35 

.  31,32 
31,39,51 
31 
31 
34 
33 

.  33, 34 
31 


INDEX. 


181 


High  schools  —  Concluded. 

Subjects  required  in 

Teachers  in,  qualifications  of     . 

Tuition  and  transportation  to   . 
State  aid  for     . 

Union  district 

State  aid  for     . 

History,  American,  and  civics  required  subjects  in  all  public  schools 
Holidays,  legal       .... 

Display  of  flag  on    . 
Horace  Mann  School  at  Boston 
Hours  of  session  of  public  schools     . 
Household  arts  required  in  certain  towns 

Vocational      .... 
Hygiene  and  physiology  required  subjects 
Hygiene,  school.     See  Medical  inspection  of  school  children. 


17 


PAGE 

30.  31,  33,  34 
31,33,39 
31-.33.47 
.32,  33 
34 
34 
30 
139 
48 
21 
39 
34 
55-58,  63 
30 


Idleness  and  ignorance,  children  growing  up  in,  commitment  of 
Illegal  employment  of  minors.     See  Employment  of  minors. 
Illiterate  minors  to  attend  evening  schools 

Married  women  exempted 
Immigrants,  adult,  education  of       . 

Library  facilities  for  .... 

Protection  of,  from  exploitation  and  abuse 
Immigration  and  Americanization,  Division  of:  — 

Advisory  board,  appointment  of 

Director,  appointment  and  compensation  of 

Duties  and  powers  of        ...  . 

Organization  of        ....  . 

Income  tax.  State  aid  to  towns  for  education  from 

Incorporation  of  educational  institutions 

Independent  industrial,  agricultural,  and  household  arts  schools 

schools. 
Independent  Industrial  Shoemaking  School,  Lynn 
"Industrial  education,"  definition  of  .... 

Infectious  and  contagious  diseases,  exclusion  from  school  for 
Inspection  of  boilers        ....... 

Institutes,  teachers,  and  conventions         .... 

Investigations  of  farm  and  market  conditions    . 
Islands,  children  living  on,  transportation  of      . 


79 

74,  124,  125 
74 
18 
11 

18 

12 
12 
18 
12 

23-28 
138 


See  Vocational 


.  60,  61 

56 

.  44,  77 

133-137 

10,  16,  48,  49 
63 

77 


Janitors,  school,  municipal  pensions  for    . 
Joint  committee:  — 

In  superintendency  districts 

In  superintendency  unions 

School  physicians  and  nurses,  employment  of 
Jurisdiction  of  courts  as  to :  — 

Absentees,  truants,  and  school  offenders     . 

Employment  of  minors,  illegal 


101 

45 
46 
43 

81 
123 


182 


INDEX. 


Jurisdiction  of  courts  as  to  —  Concluded. 

Feeble-minded  children    ..... 

Teachers'  Retuement  Association 
Juvenile  offenders  and  Massachusetts  Training  Schools 


PAGE 

154 
100 
163 


Labov  of  public  employees,  actions  against  towns  for 
Eight-hour  day        ...... 

Security  for  payment  of  wages  for 

Weekly  pajment  of  wages  for  .... 

Labor  of  women  and  children.     See  Employment  of  minors. 
Land,  purchase  of  ..... 

For  vocational  schools      .... 

Land,  sale  or  lease  of,  by  Massachusetts  Agricultural  College 
Lectures,  free,  may  be  provided  by  school  committee 
Legal  holidays        ...... 

Length  of  school  year     ..... 

Continuation  schools         .... 

Evening  schools        ..... 

High  schools  ...... 

Librarians,  examination,  registration,  and  instruction  of 
Libraries,  free  public.     See  also  Public  Libraries,  Division  of. 
Appropriations  for  ..... 

Books,  loan  of  ....  . 

Defacement  and  detention  of  books  of 
Disturbance  of         ....  . 

Dog  tax  available  for        .... 

Establishment  of      .  .  .  .  . 

Trustees  of,  election  of     . 

Powers  and  duties  of  .  .  . 

Libraries,  law         ...... 

Licenses,  engineers  and  firemen 

Entertainments        ..... 

Liquor  near  schoolhouses  forbidden   . 
Lincoln's  Birthday,  observance  of    . 
Literature,  immoral,  distribution  of,  forbidden 
Location  of  schoolhouses,  determination  of 

Union  schools  ..... 

Lowell,  State  Normal  School  at        .  .  . 

Lowell  Textile  School     ..... 

Lunches,  sale  of,  to  pupils  and  teachers    . 


30,  3 


84,  85,  87, 


105 

106-108 

106 

126, 127 

48, 140,  141 
.  58,  59 
.  71,  72 
37 
139 
1,.39,  51 
36 
35,39 
31,  39,  51 
86 


140 

84 

161 

162 

86, 156 

84 

141, 142 

85 

83,84 

163 

157, 158 

163 

139 

163 

48 

34 

53 

4,65,66 

48 


13,  1 


M. 

Manual  training  required  in  certain  towns  .... 

Supplies  for     .  .  .  .  .  .  . 

Manual  tiaining  and  industrial  education  in  relation  to  labor  laws 
Married  illiterate  women  not  requiied  to  attend  evening  schools 
Massachusetts  Agricultural  College :  — 

Accounting  and  auditing  ...... 

Degree-granting  power     ....... 


ii: 


34 

42 

125 

74 

68 
69 


INDEX. 


183 


Massachusetts  Agricultural  College  —  Concluded. 
Employees      ...... 

Experiment  station  .... 

Experimental  farm  and  branch  stations 

Inspection  of  commercial  fertilizers  and  feedstuffs,  reference  to 

Mount  Toby  Demonstration  Forest  .... 

Normal  department  in      .....  . 

Object  of         .......  . 

Placed  in  Department  of  Education  .... 

President  and  instructors,  election  of  .  .  , 

Report,  annual         ....... 

Rifle  range  at  ....... 

Sale  or  lease  of  lands  by  . 

Seal  of 

State  institution       ....... 

Trustees  of,  appointment,  compensation,  and  term  of 
Expenditures  controlled  by  ...  . 

Regulation  of  college  ..... 

Trusts,  management  of     . 
Massachusetts  Hospital  School  for  crippled  children 
Massachusetts  Nautical  School:  — 

Commissioners  of,  board  of,  appointment,  compensation,  and  term  of 
To  serve  in  Department  of  Education 
Vessels  loaned  by  United  States,  receipt  of 
Cruises  of  training  ship,  advances  for 
Employees  not  subject  to  eight-hour  day    . 
Report,  annual         ..... 

Massachusetts  Normal  Schools.     See  Normal  Schools,  State. 
Massachusetts  School  for  the  Blind,  Perkins  Institution  and 
Massachusetts  School  Fund:^ — - 
"Assured  minimum,"  defined 
Commissioners  of     . 
Definition  of  . 
Distribution  of  income  of 
Balance,  distribution  of 
Method  of 
Time  of   . 
Forfeiture  of  share  in  income  of 
Returns  by  superintendent  of  schools 
Penalty  for  failure  to  file 
Massachusetts  Training  Schools 
Mayflower,  the  flower  of  the  Commonwealth 
Medical  inspection  of  school  children:  — 

Contagious  or  infectious  diseases,  exclusion  of  pupils  on  account  of 
Notification  of  parent  as  to  disease  or  defect       .... 

Nurse,  school,  appointment  of,  required      ..... 

Exemption  of  certain  small  towns        ..... 

In  superintendency  unions  ...... 

Physician,  school:  — 

Appointment  of  .......  - 

In  certain  cities  by  the  Ixjard  of  health     .... 

In  superintendency  unions       ...... 

Removal  of         .....••  • 


PAGE 

71 

70,  71 
71 
72 
72 

G9,  70 
68 
13 
69 

68,69 
69 

71,72 
68 
67 

13,  14 
68 
69 
68 
152,  153 

13,  14 
13 
66 
66 
108 
67 

21 

26 
26 

26 

26-28 

28 

26-28 

26 

28 

28 

28 

163 

138 

44,77 
44 
43 
43 
43 

43 
43 
43 
43 


184 


INDEX. 


Medical  inspection  cf  school  children  —  Concluded. 
Physician,  school  —  Concluded. 
Duties  in  general  of  . 

Age  certificates  for  employed  minors 
Examination  of  certain  pupils  for  contagious  diseases 
Examination  of  pupils,  teachers,  janitors,  and  buildings 
Health  certificates  for  employed  minors    . 
Testing  of  sight  and  hearing  by  teachers    .... 

Blanks  and  directions.  Department  of  Education  to  furnish 

Department  of  Public  Health  to  prescribe 
Noimal  schools  required  to  instruct  students  in  methods  of 
Notification  of  parents        ...... 

"Membei ship,  net  average,"  defined  .  ... 

Memorial  Day,  observance  of  ...... 

Mental  condition  of  children  as  affecting  school  attendance 

Emploj^ment  of  minors     ....... 

Mentally  retarded  children,  special  classes  for  .... 

Military  drill  in  public  schools  regulated  ..... 

In  public         ......... 

Military  tactics  at  Massachusetts  Agricultural  College 
Minimum  salary,  legal,  for  teachers  ..... 

Minors,  admission  of,  to  dance  halls,  skating  rinks,  bilUard  rooms,  etc 
Bootblacking  and  street  sales  by,  regulated 
Employment  of.     See  Employment  of  minors. 
Habitual  truants,  absentees,  and  school  offendeis 
Neglected  children,  care  of         .....  . 

Registration  of         .......  . 

Model  and  practice  schools  at  normal  schools    .... 

Moial  instruction  in  the  schools        ...... 

Bible  to  be  read  in  the  schools  ..... 

Distribution  of  immoral  literature  foi  bidden 
Mount  Toby  State  Demonstration  Forest  .... 

Municipal  finance:  — 

Appropriations,  power  of  towns  to  make     .... 

Department  receipts,  specific  appropriations  of 

Rate  or  percentage  in  certain  cities      .... 

Appioval  of  bills  by  auditor,  selectmen,  or  town  accountant 
Budgets  in  cities       ........ 

Debts,  purposes  for  which  towns  may  incur 
Department  receipts  to  be  paid  into  general  treasury  . 
Estimates,  annual,  for  town  accountant      .... 

Expenditures  in  anticipation  of  appropriation 

Forfeiture  for  neglect  to  raise  money  for  schools 

Land,  purchase  of    .......  . 

Liability,  not  to  exceed  appropriation  .... 

Officers  may  incur,  in  anticipation  of  appropriation 


Penalty  for  neglecting  to  raise  funds 
Purchasing  agent,  duties  of 
Selectmen,  approval  of  bills  by 
Town  accoimtant  in  relation  to 
Municipal  pensions  for  school  janitors 
For  teachers    .... 

State  reimbursement  on  account  of 


or  continuation  schools 


43 


113, 


PAGE 

43,  44 

119 

44 

43,44 

44,  118 

44 

44,45 

44 

4.5 

44 

25,52 

38, 139 

73,74 

121 

41 

30,31 

163 

68,  69 

40 

157,  158 

114,  151 


.     79-81 

151, 152 

.     49, 50 

53 

30,  37,  38 

38 

163 

72 

140 

149 

146, 147 

143 

147,  148 

146 

149 

144,  145 

146,  148,  149 

.     38, 39 

140, 141 

147 

146,  148,  149 

37 

145 

143 

143, 144 

101 

98,  100,  101 

98 


INDEX. 


185 


N. 


PAGE 

30 

163 

13,  14,  66,  67 

y  school  attendance    .     66,  67 


Narcotics,  effects  of,  to  be  taught    ..... 

National  anthem,  manner  of  playing         .... 

Nautical  School,  Massachusetts        ..... 

Nautical  schools,  attendance  upon,  in  relation  to  compulsor 

Towns  may  maintain        ..........  66 

"Net  average  membership,"  definition  of            .......  25,52 

Report  on,  in  annual  returns     .........  51 

"Net  maintenance  sum,"  definition  of       ........  56 

New  Bedford  Textile  School :  — • 

Maintenance  of,  by  Commonwealth  ........  65 

Testing  of  textile  machinery,  processes,  etc.         ......  65 

Trustees,  board  of,  appointment  and  term  of       .....           .  14 

Insurance  of  buildings  by  .........     65 

Property  in  trust  may  be  held  by         ......           .  65 

To  serve  in  Department  of  Education           ......  13 

Tuition  rates  ............  65 

Newspapers,  sale  of,  by  minors         .......  113,114,151 

Non-resident  pupils,  admission  to :  — ■ 

Continuation  schools         ..........  36 

Covmty  agricxiltural  schools       .........  62 

County  training  schools    ..........  78,  79 

High  schools  ............  31-33 

Normal  schools        ...........  54 

Public  schools  .  .  .  .  .  .  .  .  .  .         47, 75, 76 

Liability  of  parent  for  tuition  in            .......  75 

Of  town 47,76 

Textile  schools          ...........  65 

Vocational  schools  and  departments            .......  57,  62 

Liability  of  town  for  tuition  in    .......           •  57 

Wards  of  the  Commonwealth  or  city  of  Boston  ....  57,  58,  75,  76 

Norfolk  County  Agricultural  School 58,  61-63 

Normal  Art  School  at  Boston            .........  53 

Normal  department,  Massachusetts  Agricultural  College    .....  69 

Normal  Schools,  State :  — 

Agreements  as  to  model  and  practice  schools       ......  53 

Agricultural  education  at  North  Adams      .......  53 

Aid  to  students  in              ..........  54 

Boarding  houses  connected  with         ......••  53 

Bonds  of  principals            ........••  53 

Degree  of  Bachelor  of  Education,  may  giant       ......  54 

Location  of     ...........          •  53 

Management  of,  by  Department  of  Education    ......  53 

Non-resident  pupils,  tuition  fees  of    .......          •  54 

Practice  school  teachers,  reimbursement  for  salaries  of,  from  income  tax          .  25 

Testing  sight  and  hearing,  instruction  in  methods  for             ....  45 

Todd  Fimd,  income  of       ......•••          •  28 

North  Adams,  State  Normal  School  at      .......          •  53 

Agricultural  department  in        .....•••          •  53 

Northampton,  Smith's  Agricultural  School  at    ...-■•          •  61 

Nurses,  school,  appointment  of         ....••••          •  43 


186 


INDEX. 


O. 


Oath  of  claimant  may  be  required  on  bills 

Oath  of  office  of  town  officials  ..... 

Occupations  forbidden  to  certain  minors  .... 

Offenders,  habitual  school        ...... 

Organizations  of  school  pupils,  authority  of  school  committee  ov 


er 


PAGE 

163 

145 

110-113 

.     78-82 
41 


P. 

Parents,  duties  and  responsibilities  of,  in  relation  to 
Attendance  upon  school   . 
Employment  of  minors     . 
Feeble-minded  children    . 
Tuition  of:  — 

Blind  children  . 
Crippled  children 
Deaf  children    . 
Non-resident  pupils  . 
Parole  from  county  training  schools 
"Part  time  class,"  definition  of 

Patriotic  exercises  in  connection  with  Memorial  Day 
Penalties,  fines,  and  forfeitures:  — 

Admission  of  children  to  billiard  rooms,  dance  halls,  and  entertainments 

Boilers,  inspection  of,  violation  of  rules  relating  to 

Buildings,  construction  of,  violation  of  laws  relating  to  .  .  129, 

"College"  or  "university,"  illegal  use  of  terms   . 

Continuation  schools,  failure  to  attend 

Failure  to  appropriate  for  and  maintain 
Correspondence  schools,  violation  of  laws  relating  to 
Defacing  or  detaining  library  books  . 
Defacing  school  buildings  .... 

Degrees,  college,  falsely  pretending  to  hold 
Disturbance  of  schools  and  libraries  . 
Eight-hour  law,  violation  of,  in  public  employment 
Employment  of  minors: — • 

Altering  or  forging  birth  or  employment  certificates 

Educational  certificates  .... 

Discharge  child  for  non-attendance  on  continuation  school,  failure  to 
Eight-hour  day  law,  violation  of 
Exhibition  of  minors  under  fifteen  in  theatres 
General  penalty         ..... 
Hindering  attendance  officers  and  inspectors 
Minors  violating  laws  relating  to 
Officials  knowingly  violating  laws  relating  to 
Parent  or  guardian  violating  laws  relating  to 
Retaining  educational  certificates  illegally    . 

Employment  certificates 
Street  trades,  selling  articles  to  be  sold  illegally  in 

Violation  of  law  relating  to      . 
Unlawful  occupations  for  minors  under  sixteen 


74 
116, 125 
153 

21 

152 

21 

75 

80 
56 
38 

157 

137 

132,  133 

161 

36,  123 

37 

150 

160 

161 

160 

162 

108 

122, 123 
125 
123 

109, 110 
126 
115 
115 

116,  117 
116 

116,  125 
125 
118 
115 
151 
111 


INDEX. 


187 


Penalties,  fines,  and  forfeitures  —  Concluded. 

Employment  of  minors  —  Concluded.  page 

Without  educational  certificates  .......         125 

Without  employment  certificates  .  .  .  .  .  .  .117 

Fees,  excessive,  for  procuring  positions  for  teachers      .....  41 

Acceptance  of,  by  superintendents  of  schools         .....  47 

Fire  escapes,  obstiuction  of        ........  .         130 

Flag,  failure  to  provide  and  display  ........  48 

Misuse  of  ..........  159,  160 

Habitual  truants,  absentees,  and  school  offenders         .  .  .  .  .     78,  79 

Hindering  attendance  officers  or  inspectors  ....  115,132,137 

Illiterate  minors,  failure  of,  to  attend  evening  schools  ....  74,  125 

Inducing  unlawful  absence  of  minors  .......  74 

Massachusetts  School  Fund,  failure  to  file  claims  for   ....  .  28 

Pledging  or  assigning  pensions  ........         102 

Public  schools,  failure  of  small  towns  to  comply  with  laws  relating  to    .  .  28 

Failure  of  towns  to  appropriate  for  the  support  of  ...  .     38,  39 

Religion  or  politics  of  teachers,  inquiry  as  to       .  .  .  .  .  .  39 

School  committee,  failure  of  town  to  choose         ......  38 

Schoolhouses,  failure  of  town  to  maintain  .......     38,  39 

Wilful  injury  to  .........  •  161 

School  reports  and  retuins,  failure  of  school  committee  to  file        .  .  .     51,  52 

Transportation  to  school,  failure  to  provide,  if  ordered  ....     38,  39 

Ventilation,  sanitation,  and  heating  buildings,  violation  of  rules  as  to    .  .         132 

Vivisection  and  dissection,  violation  of  law  relating  to  ....  38 

Wages,  weekly  payment  of,  violation  of  law  relating  to         ...  .         127 

Pensions  for  teachers.     See  Retirement  system  for  teachers. 

Pensions,  municipal,  for  school  janitors     ........         101 

For  teachers 97-101 

Perkins  Institution  and  Massachusetts  School  for  the  Blind         .  .  •  •  21 

Physical  examination  of  school  children,  teachers,  and  janitors    ....     43,  44 

Physical  or  mental  condition  in  relation  to  school  attendance      .  .  .  .     73,  74 

Physical  training  a  required  subject  in  public  schools  .....  30 

Physician,  school,  appointment  of    ......-•  •  43 

Physician's  certificate  in  relation  to  contagious  diseases  and  vaccination       .  .  77 

To  the  employment  of  minors  ........  118,119,125 

Physiology  and  hygiene  to  be  taught  in  the  public  schools  ....  30 

Play  and  games,  appropriations  for  .  .  .  .  .  .  .  .41,42 

Required  subjects    ...........  30 

Playgrounds,  public         ...........         163 

Use  of  school  premises  for  .......••  48 

Political  rights  of  teachers  not  to  be  restricted  ......  41 

Positions  for  teachers,  fees  for  procuring,  regulated    .  .  .  .  .  .     41,  47 

"Practical  arts  class,"  definition  of  ........  56 

Establishment  of,  in  vocational  schools       .......  58 

Practice  schools      ............  53 

Principals  of  State  normal  schools,  bonds  of       ......  •  53 

Prison  labor,  articles  made  by,  purchase  of        .....  •  154-156 

Private  schools,  approval  of,  by  school  committees    ......     73,  74 

Annual  returns  from  .  .  .  .      •    .  .  •  •  •  .     16,  17 

Enrolment  and  discharge  of  minors,  report  of      .  .  .  •  •  •  50 

Not  to  be  aided  by  public  money       .  .  .  .  •  •  .         6, 7 

Public  employment 105-108,  126,  127 


188 


INDEX. 


Public  Libraries,  Division  of:  — 

Board  of  Free  Public  Library  Commissioners 
Agents  of,  appointment  of 
Aid  to  small  public  libraries 
Annual  report  of        ...  . 

Appointment,  compensation,  and  term  of 
Director  of        ....  • 

Duties  of  ..... 

Examination  and  registration  of  librarians 
Purchase  of  books  for  small  libraries   . 

Organization  of,  in  Department  of  Education 
Public  libraries,  free,  dog  tax  available  for 
Public  money  not  to  be  expended  for  private  institutions 
Public  schools,  in  general :  — 

Appropriations.     See  also  Appropriations 

Assistants,  female    . 

Bible  to  be  read  in  . 

Continuation  schools 

Disturbance  of 

Evening  schools 

Exhibition  of  school  work 

Free  lectures  . 
•   High  schools  . 

Hours  of  session 

Length  of  school  year 

Manual  training  and  household  arts 

Medical  inspection  . 

Memorial  Day,  observance  of  . 

Mentally  retarded  children 

Moral  education  in,  duty  of  instructors 

Organizations,  school 

School  committee,  powers  and  duties  of 

Schoolhouses  .... 

Subjects  of  study     . 

Superintendents  of  schools 

Support  of       . 

Teachers,  employment  of 

Textbooks,  free,  and  supplies    . 

Union  schools 

Vacation  schools 

Vivisection  and  dissection 
Purchase  of  articles  made  by  the  blind 

Of  articles  made  by  prison  labor 
Purchase  of  land    .... 
Purchasing  agent,  duties  of 
Purposes  for  which  towns  ma5'  appropriate  monej' 


PAGE 

11,85,86 

11 

86 

85 

11 

11 

85,86 

86 

85 

9,  11 

86,  156 

6,7 

140 

37 

38 

35-37 

162 

35 

42 

37 

31-34 

39 

30,  31,  39 

34 

43^5 

38 

41 

37,38 

41 

39-49 

47,48 

30 

45-47 

38,39 

39-41 

42 

34 

37 

38 

21 

154-156 

140,  141,  146 

145 

140 


R. 

Railways,  reduced  fares  for  pupils  on        ...  . 

Records  of  Department  of  Education  open  to  public  inspection 
Records  of  school  committee  ...... 

Reference  books,  purchase  of  . 


63,  158 

16 

39,  45,  96 

42 


INDEX. 


189 


Registers,  school     .  .  .  .  ... 

Registration  of  minors    ..... 

Of  teachers  seeking  positions 
Rehabilitation  of  disabled  persons    . 
Religious  belief  of  teachers  not  to  affect  election 
Religious  institutions,  public  money  may  not  be  expended  for 
Religious  sect,  books  favoring  any,  not  to  be  used  in  public  schools 
Religious  teachings  in  private  schools  not  a  bar  to  approval 
Repair  of  schoolhouses    ....... 

Reports  of  the  Department  of  Education,  annual:  — 

Authorized      .... 

Distribution  of         .  .  . 

Massachusetts  Agricultural  College 

Massachusetts  Nautical  School 

Public  Libraries,  Division  of 

Teachers'  Retirement  Board 

Textile  schools 

Vocational  education 
Reports  of  school  committee,  annual:  — 

Publication  of,  required    .... 

Registration  of  minors  to  be  included  in 

Superintendent  of  schools  to  assist  in  making 

Transmitted  to  Commissioner  of  Education 
Penalty  for  failure  to  file    . 
Retirement  system  for  teachers:  — 

Ages  of  retirement,  compulsory  and  voluntary 

Annuity  ..... 

Assessments,  deduction  of,  from  salary 

Assessments  for,  rate  of    . 

Assignment  and  attachment  of  pension 

Boston  teachers,  certain,  not  included  in 

Compulsory  retirement  of  teachers    . 

Custody  of  funds     .... 

Definitions      ..... 

Disabled  teachers,  retirement  of 

Duties  of  school  committees  and  board  of  trustees  of  vocational  schools 

Funds  of  retirement  system:  — 
Annuity  fund   . 
Expense  fund    . 
Pension  fund    . 

Interest  on  assessments 

Jurisdiction  of  courts 

Leaves  of  absence,  effect  of 

Membership  in  other  retirement  associations 

Mortality  tables,  adoption  of 

Municipal  pension  . 

Payments  to  estates  of  deceased  members 

Pensions  not  to  be  paid  for  services  . 

Persons  employed  by  Commonwealth  and  by  towns 

Retirement  Board,  appointment  of    . 

Duties  of  ...... 

Secretary  of      . 

Retiring  allowance  ..... 


PAGE 

49,  52 
49,50 

17 
10,60 

39 
6.7 

38 

74 
47,48 

15,  16 
49 

68,69 
67 
85 
98 
65 
16 

51 
50 
45 

51,52 
52 

91 

91-95 

96 

90 

100,  102 

98,99 

91 

97 

87,88 

93,94 

96 

90 

89,90 

90 

92 

100 

95 

97-99 

89 

98-101 

99, 100 

101 

99 

13 

89 

13 

91-95 


190 


INDEX. 


Retirement  syftem  for  teachers  —  Concluded. 

Teachers  who  entered  service  prior  to  July  1,  1914 

Training  school  teachers  ...... 

Transfers  to  and  from  State  Retirement  Association    . 

Violation  of  retirement  law        ..... 

Withdrawal  and  reinstatement  .... 

Returns,  school,  certificate  of  chairman  of  school  committee  in 

Failure  to  file,  penalty  for  ..... 

Rifle  range  at  Massachusetts  Agricultural  College 
Right  of  child  to  attend  school  in  place  of  residence  . 


PAGE 

S8,  89,  91 
89 
90 
100 
95,96 
50,51 
52 
69 
75 


s. 

Sailors  and  soldiois,  disabled,  training  of 
Salary,  minimum ;  — 

Of  superintendents  of  schools  in  unions 
Of  teachers     ..... 

Salary  of  superintendents  of  schools:  — 
In  districts      ..... 

Reduction  in  . 
Salary  of  teachers :  — - 

Payment  of,  for  last  two  weeks  of  term 

In  case  of  dismissal  . 
Reduction  in  . 
Salem,  State  Normal  School  at 
Sales,  street,  employment  of  minors  in 
Sanitation  and  ventilation  of  buildings 
Savings  of  school  children,  collection  of    . 
Scholarships  at  Lowell  Textile  School 
School  attendance.     See  Attendance  upon  school. 
School  committee:  — 

Adults,  education  of,  in  use  of  English 

Approval  of  bills  by  .  .  .  .  .  . 

Articles,  manufactured  in  workshops  for  blind,  purchase  of 

Prison-made,  purchase  of  . 
Attendance  laws,  enforcement  of 
Excuse  of  lawful  absence    . 
In  relation  to  nautical  schools 
Attendance  officers,  appointment  of 
Attendance  outside  place  of  residence,  approval  of 
Budgets  in  certain  cities,  preparation  of 
Certificate  of:  — ■ 

In  General  School  Fund  statement 

In  Massachusetts  School  Fund  statement     . 

In  School  Returns     ..... 

City  charters  in  relation  to        ...  . 

Closing  of  schools  for  teachers'  conventions 
Compensation  of,  restricted       .... 

Withholding  of  ..... 

Conferences  of  .....  . 

Contagious  diseases,  examination  and  exclusion  of  pupils  for 

Notices  to  board  of  health  of      . 
Continuation  schools,  establishment  and  control  of 


112 


11,64 

46 
40 

45 
41 


40 
40 
53 

114,  151 
132 

158,  159 
66 


18 

140, 143 

21 

154-156 

39,  73,  74 

73 

.     66,  67 

81,  115 

31,  32,  76 

147,  148 

25 

28 

50,  51 
163 

48,  49 
42 
52 
16 

44,  77 
44 

36,37 


INDEX. 


191 


School  committee  —  Continued. 

Courses  of  study,  adoption  of    . 
Duties  of,  in  general  ..... 

Election  and  term  of         ....  . 

Employment  of  minors:  — 

Attendance  officer,  appointment  of,  to  supervise 

Authorization  of  issuance  of  certificates 

Bootblacks  and  street  vendors,  licensing  of 

School  physician,  in  relation  to  . 
Estimates,  annual,  to  town  accountant 
Evening  schools,  establishment  and  control  of     . 
Exclusion  from  school       ..... 
Exhibition  of  school  work  .... 

Expenditures  for  support  of  schools:  — - 

Control  of         .....  . 

In  anticipation  of  appropriations 

Not  to  exceed  appropriations 
Failure  to  elect         ...... 

Flags  on  schoolhouses,  provisions  for 

Forfeiture  for  neglect  to  choose 

Free  lectures  ....... 

Free  textbooks  and  supplies       .... 

Hearings  for  teachers  before  dismissal 
High  school  education,  provisions  for 
Increase  and  decrease  in  size  of  boards 
Ineligible  to  serve  as  teachers  or  superintendents 
Joint  committee  in  unions  .... 

In  districts        ...... 

Length  of  school  year,  determination  of 
Lunches,  school,  preparation  and  sale  of     . 
Medical  inspection  of  children,  provisions  for 
Mentally  retarded  children,  education  of    . 
Municipal  pensions  for  school  janitors 

For  teachers      ...... 

Nautical  schools,  establishment  of     . 
Non-resident  pupils,  admission  of      . 
Oath  of  office  ...... 

Organizations  of  pupils,  supervision  of 
Physician,  school,  and  nurse,  appointment  of 
Play  and  games,  apparatus  for,  and  supervision  of 
Playgrounds,  school,  public  use  of      . 
Private  schools,  approval  of,  for  school  attendance 
Purchasing  agent     ...... 

Receipts,  departmental,  to  go  into  general  treasury 
Records  of       ......  . 

Registers,  school,  teachers  to  be  caused  to  keep 
Registration  of  minors      ..... 

Report,  annual,  of  . 

Filing  of,  with  Commissioner  of  Education  . 
Resignation  of  .....  . 

Retirement  system  for  teachers,  duties  in  relation  to 
Returns,  annual,  to  Commissioner  of  Education 
Schoolhouses,  general  charge  and  control  of 


PAGE 

.     39,  45 

.     39-48 

141 

115 

118, 124 

113, 114.  151 

118, 119 

144 

35 

77 

42 

39, 140 
146-148 
147 
142 
48 
38,39 
37 
42 
40 
31,32 
141,142 
42 
45,46 
45 
39 
48 
43,  44 
41 
100 
100,  101 
67 
75,76 
145 
41,42 
43 
41,42 
48 
73,74 
145 
149 
39,  45,  96 
52 
49,50 
50,51 
51,52 
145 
96 
49-52 
48 


192 


L\DEX. 


School  committee  —  Concluded. 

Schoolhouses,  ventilation  and  sanitation  of 
School  savings  system,  approval  of    . 
Secretary  of,  appointment  of     . 
Sight  and  hearing  of  pupils,  testing  of 
Sight-saving  classes,  establishment  of 
Subjects  to  be  taught  in  schools,  determination  of 
Superintendents  of  schools,  election  of 
Supervision  and  control  of  public  schools 
Teachers,  disabled,  retirement  of 

Dismissal  of      . 

Employment  of  .  .  . 

Inquiry  as  to  religious  or  political  beliefs  of,  forbi 

Nomination  of,  by  superintendent 

Political  rights  of       . 

Reduction  in  salary  of        .  .  . 

Tenure  of  ....  . 

Term  of  office  ..... 

Textbooks  favoring  particular  religious  sects  not  to  be 
Textbooks,  free,  adoption,  purchase,  and  sale  of 
Transportation  of  children  remote  from  school 
Tuition  of  children,  payment  of 
Tuition  rates,  determination  of 
Union  schools  ..... 

Use  of  school  property  for  civic  purposes    . 
Vacancies  in,  appointments  and  elections  to  fill 
Vacation  schools,  establishment  of     . 
Vocational  schools,  control  of  certain 
Where  children  may  attend  school,  regulation  of 
Witnesses,  power  to  summons  . 
Women  eligible  to  serve  on        .  .  . 

School  entertainments,  exhibition  of  children  in 
School  funds.     See  Funds. 
Schoolhouses:  — • 
Alteration  of  . 
Appropriations  for  . 
Certificates  of  inspection 
Changes  in  use  of,  notice  of 
Cinematographs,  use  of    . 
Construction  of,  debt  may  be  incurred  for 
Control  of        . 

Doors  of,  shall  open  outward     . 
"Exit"  sign  over  places  of  egress 
Fire  escapes  required  in  certain 

To  be  kept  clear 
Fire  extinguishers  required  in  all 
Flag,  provision  for,  and  display 

Foreign,  display  of,  forbidden 
Fuel  for  .... 

Inspection  of  ... 

Penalty  for  hindering 
Land  for,  taking  or  purchase  of 
Location  of     . 


ddcn 


used 


PAGF 

158 

39 

44 

19 

30,  35 

45-47 

39 

93 

40 

39 

39 

4& 

41 

40,41 

40 

39, 145 

38 

42 

47 

47,  76 

75 

34 

17,48 

142 

37 

39, 56-59 
75 
159 
141 
126 


129 

140, 146 

131 

131 

163 

146 

47,48 

129 

129 

129, 131,  132 

129,  130 

130 

48 

163 

48 

128-133 

132 

140,  146 

.  47, 48 


INDEX. 


193 


Schoolhouses  —  Concluded. 

Location  of  union  schoolhouses 

Number  and  equipment  of        ...  . 

Plans  for,  approval  of       ....  . 

Portable  seats  ...... 

Rental  of  school  facilities  .... 

Repair  of         ......  . 

Sanitation  and  ventilation  of     . 

School  physician  may  inspect    .... 

Stairways  to  be  kept  clear         .... 
To  have  suitable  hand  rails 

Use  of,  for  public  purposes        .... 

Ventilation,  heating  and  sanitation  of,  inspection  of 

Wilful  injury  to        .....  . 

Wooden  flues  prohibited  ..... 
School  nurses,  appointment  of  .  .  .  . 

School  offenders,  commitment  of      . 
School  physician,  appointment  of     . 

Certificates  of  age  for  employed  minors 
Of  health  for  employed  minors    . 

Examination  of  pupils,  teachers,  janitors,  and  buildings  by 
School  property,  promotion  of  usefulness  of 
School  registers.  Commissioner  of  Education  to  furnish 

Open  to  inspection  of  officials    .... 

Teachers  faithfully  to  keep        .... 
School  returns,  abstract  of,  to  be  printed 

Blank  forms  for        ...... 

Certificate  of  chairman  of  school  committee 

Irregular  or  incorrect         ..... 

Penalty  for  failure  to  file  .... 

Private  schools  to  file  certain  data 
School  savings  banks       ...... 

School  supplies,  purchase  of     . 

Schools.     See  Public  schools;  also  Vocational  schools. 

Schools,  correspondence  ..... 

Disturbance  of  .....  . 

Sectarian  books,  use  of,  in  public  schools,  prohibited 
Sectarian  or  private  schools,  approval  of  . 
Selectmen,  approval  of  bills  by         ...  . 

Support  of  schools  in  certain  delinquent  towns    . 
Session  of  public  schools,  hours  of    . 
Short  unit  courses  in  county  agricultural  schools 
Sight  and  hearing  tests  in  public  schools  . 

Training  of  teachers  in  normal  schools  in  methods  of 
Sight-saving  classes  for  children        .... 
Smith's  Agricultural  School,  Northampton 
Soldiers  and  sailors,  disabled,  training  of 
Spanish,  commercial,  required  in  certain  high  schools 
Stairways  in  schoolhouses  to  be  kept  clear 
State  aid  and  reimbursement :  — • 

Agricultural  departments  in  high  schools    . 

Continuation  schools         ..... 

County  agricultural  schools       .... 


PAGE 

34 

47 

128 

129 

48 

47,48 

132 

43 

129 

129 

17,48 

132 

161 

130 

43 

78-82 

43 

119 

118 

43,44 

48 

49 

52 

52 

16 

49 

50,51 

52 

51,52 

49,50 

158,  159 

42 

149,  150 
162 
38 
73,74 
143 
39 
39 
63 
44 
45 
19 
61 
11,64 
33,  34 
129,  130 

58 

36 

.     57,61 


194 


INDEX. 


State  aid  and  reimbursement —  Concluded. 
High  schools:  — 

Grant  for  ....  • 

Transportation  reimbursement    . 
Tuition  reimbursement 
Instruction  of  adults  in  the  use  of  English 
Sight-saving  classes  .... 

Superintendents  of  schools  in  unions 
Support  of  public  schools  (Massachusetts  School  Fund) 
Teachers'  salaries  (General  School  Fund) 
Vocational  schools,  support  of 

Tuition  in 
Wards,  State,  tuition  of   . 
State-aided  high  schools 
Vocational  schools  . 
State  normal  schools 
State  wards,  tuition  of,  in  public  schools 

In  vocational  schools 
Statistics,  educational,  collection  of,  from  public  schools 
From  private  schools         .... 

Steam  boilers.     See  Boilers,  inspection  of. 
Street  trades,  employment  of  minors  in    . 
Subjects  to  be  taught  in  public  schools 

In  evening  schools  ..... 

Summons  or  warrants,  ser\dce  of,  in  case  of  truants 
Superintendency  districts         .... 

Superintendency  unions:  — 

Annual  meeting  of  joint  committee    . 
Appointment  of  school  physicians  and  nurses 
Certain  towns  required  to  belong  to  . 

Other  towns  may  belong    . 
Dissolution  of  ..... 

Duties  of         .....  . 

Formation  and  readjustment  of 

State  aid  for  .... 

Superintendent  of  schools  in     . 

Appointment  of         ...  . 

Apportionment  of  salary  and  services 
Certification  of  .... 

Bemoval  of       ....  . 

Salary  of  ..... 

Tenure  of  ....  . 

Travelling  expenses  of,  reimbursement  for 
Superintendents  of  schools :  — 

Appointment  and  duties  of        .  .  . 

Attendance,  school,  enforcement  of    . 

Certification  of,  for  unions 

Closing  of  school  for  teachers'  meetings  and  conventions 

Coimty  training  schools  to  report  to 

Hearing  on  parole  from,  notice  to 
Dismissal  of    . 

Dismissal  of  teachers,  recommendations  relative  to 
District  superintendents,  appointment  and  salary  of 


PAGE 

.  .31, 33 

32,  sa 

.32,  33 

18 

19^ 

46,47 

25-28 

23-25 

57 

57 

75,  76 

31 

57 

53,  54 

75,76 

57 

15, 49-52 

16 

112-114, 151 

30,  31,  34,  38 

35 

81 

45 

4& 

43 

45 

45 

45 

46.47 

45,46 

46,47 

45-47 

46 

46 

47 

40,46 

46 

46 

46,47 

45 

.  73, 74 

47 

.  48,49 

78,79 

80 

40,46 

40 

45 

INDEX. 


195 


Superintendents  of  schools  —  Concluded. 

District  superintendents,  tenure  of    . 

Employment  of  minors,  duties  relating  to  . 

Fees  for  procuring  positions  for  teachers  forbidden 

Filing  of  annual  reports  and  returns 

Of  application  for  instruction  of  certain  high  school  pupils 
Of  claims  under  Chapter  70        ...  . 

Inquiry  as  to  religion  or  politics  of  teachers  forbidden 

Recommendation  of  teachers,  textbooks,  and  courses  of  study  by 

Reduction  in  salarj'  of      .....  • 

School  committee  ineligible  to  ser\-e  as       .  .  . 

School  registers,  distribution  of  .... 

Tenure  of,  in  cities  and  towns  not  in  districts  and  unions 

Transfer  cards,  issuance  of        ....  • 

I^nion  superintendents,  appointment,  salary,  and  tenure  of 
Supplies,  school,  purchase  of  . 
•Support  of  schools,  appropriations  for       .... 

Definition  of,  statutory    ...... 

Dog  tax,  receipts  from      ...... 

Forfeiture  for  failure  to  raise  money  for 

Funds  for,  management  of         ....  . 

Items  included  in    . 

Private  schools  not  to  be  supported  by  public  funds    . 

Receipts,  departmental,  to  be  paid  into  general  treasurj- 
Suspension  of  teachers    ....... 

Of  pupils  from  school        .  .  .  .  - 


21,42 


PAGE 
40 

116-124 
47 
51 
32 
25,28 
39 
45 
41 
42 
49 
40 
76,77 
46,47 
, 145, 154-150 
38,  39,  140 
51 
156 
38,39 
49 
51 
6.7 
149 
40 
77 


Taxation,  exemption  of  educational  institutions  from 

Support  of  public  schools  by     . 
"Teachers :  — 

Advasory  board  of  education  to  include  one  teacher 
Assistants,  female    ....... 

Attendance  laws,  compulsory,  duties  under 

Certification  of,  for  small  high  schools 

Compensation  of      ......  . 

Contagious  diseases,  exclusion  of  children  on  account  of 
Continuation  schools,  teacher-training  for 

Approval  of  teachers 
Conventions  of,  holding  of 

Closing  schools  for     . 
Disabled,  retirement  of    . 
Dismissal  of    . 
Duty  of,  in  moral  education 
Employment  of        .  .  . 

For  Americanization  classes 
Fees  for  procuring  positions  for 
Flag,  display  of        .  .  . 

Lunches,  school,  preparation  and  sale  of     .  .  . 

Membership  in  Teachers'  Retirement  Association  required 
Minimum  salary  for  ...... 

Moral  character  of  . 


163 
38, 140 

8 

37 

73, 125 

17,33 

40 
44,77 

59 

36 
10,  16 

48 
93,94 

40 
37,38 
30.  31,  39 

18 
41,47 

48 

48 
88,96 

40 
30,31,  39 


196 


INDEX. 


Teachers  —  Concluded. 

Political  rights  of,  not  to  be  restricted 

Positions  for,  obtained  through  Department  of  Education 

Qualifications  of       ....■•  • 

Recommendation  of,  by  superintendent 

Registration  of  minors,  co-operation  in 

Religion  or  politics  of,  not  to  affect  election 

Retirement  of.     »See  Retirement  system  for  teachers. 

Salary  of:  — ■ 

Contracts  for    . 

Legal  minimum 

Reduction  in     . 

State  aid  on  account  of 

Withholding  of,  on  account  of  school  registers 

School  committee,  ineligible  to  serve  as 

School  records  for  employed  minors 

School  registers,  keeping  of 

School  savings,  collection  of 

Suspension  of  ... 

Tenure  of        ...  . 

Testing  of  sight  and  hearing  of  pupils 

Training  of,  in  State  normal  schools 

Transfer  cards  for  pupils 

Vocational  schools,  teacher-training  for 
Approval  of  teachers 
Teachers'  agencies,  fees  of        .  .  . 

Teachers'  conventions     .... 
Teachers  Registration  Bureau 
Teacher-training  classes  for  vocational  schools 
Teeth  of  school  children,  examination  of  (see  also  Medical  inspection) 
Temperance,  instruction  in      . 
Tenure  of  superintendents  and  teachers    . 

Union  superintendents 
Textbooks,  free,  adoption  and  purchase  of 

Changes  in      . 

Favoring  tenets  of  any  religious  sect  forbidden 

Loan  or  sale  of,  to  pupils 

Recommendation  of,  by  superintendent 
Textile  schools,  annual  reports  of     . 

Degrees,  granting  of  .  .  . 

Insurance  of  buildings  r.i 

Location  of     . 

Purposes  of     . 

Scholarships  in         ...  . 

Tests  of  textile  machinery,  etc.,  by    . 

Trustees  for,  appointment  of     . 

To  serve  in  Department  of  Education 

Tuition  rates  of        .  .  . 

Theatres,  admission  of  children  to    . 

Exhibition  of  children  in 
Todd  Fund  for  normal  schools 
Town  accountants,  duties  of    . 

Town  clerks,  issuance  of  birth  certificates  by,  without  fee 
Trades,  street,  regulated 


PAGE 

41 
17 
30,31,39 
45 
50 
39 


39 
40 
40 
23,  28,  31,  33 
52 
42 
118-121 
52 
159 
40 
40 
44 
53 
76 
59 
55 
41 
10,  16,  48 
17 
59 

16a 

30 
40 
46 

.  42, 45 
42 
38 
42 
45 
65 
66 
65 
65 
65 
66 
65 

.  13, 14 

13 

65 

157 

125, 126 
28 

143, 144 

120,  121 
112-114,  151 


INDEX. 


197 


Training  schools,  county,  commitments  to 

Establishment  of 

Probation  and  parole 

Support  of  inmates 

Visitation  of    . 
Transfer  cards  for  pupils 
Transportation  of  school  children,  appropriations  for 

Attendance  outside  place  of  residence 

Blind  and  deaf  children    ..... 

Children  living  on  islands  .... 

Cliildren  living  over  two  miles  from  school 
Appeal  to  Department  of  Education    . 

Half  fares  on  street  railways      . 

To  high  schools  in  other  towns 

State  aid  for     ...... 

Wards  of  State  and  of  Boston  .... 
Travelling  expenses  of  union  superintendents,  payment  of 

State  reimbursement  for  ..... 
Truants,  habitual,  commitment  of    . 
Trustees  of  certain  schools  to  serve  in  Department  of  Education, 
setts  Agricultural  College;   Massachusetts  Nautical 
schools. 
Tuberculosis  and  its  prevention  to  be  taught     .... 
Tuition  of  non-resident  pupils :  — 

Approval  of  rates  of 

Deaf  and  blind  children   . 

High  school     . 

State  reimbursement  of 

Inmates  of  certain  institutions 

Liability  of  parent  for 
Of  town   . 

Normal  schools 

Textile  schools 

Vocational  schools  . 

Wards  of  Commonwealth  and  of  Boston 


PAGE 

78-81 

78 

79-81 

78,79 

79 

76,  77 

140 

47 

21 

77 

47 

47 

63,  158 

32 

32,33 

75,76 

46 

46,47 

78-82 


See  Massachu- 
School;   Textile 


30 


21 

.     31,32 

.     32, 33 

76 

75 

32,  47,  76 

54 

65 

.     57,  62 

57,  58,  75,  76 


u.  ^ 

Union  high  school  districts     ..... 

Union  schools         ....... 

Union,  superintendency.     See  Superintendency  unions. 
United  States  Bureau  of  Education,  statistics  for 
United  States  flag,  display  of 

Misuse  of         ....  . 

University  extension,  advisory  councils  for 

Certificates  may  be  granted 

Conduct  of  extension  and  correspondence  courses 

Rental  of  offices  for 

Use  of  school  buildings  for 
"University,"  use  of  designation 
Unlawful  exclusion  from  school 
Usefulness  of  school  property,  promotion  of 


34 
34 

16 

48 

159,  160 

10 

17 

17 

10 

17 

160, 161 

75,77 

48 


198 


INDEX. 


V. 


Vacation  schools,  establishment  of  . 
Vaccination  of  children  . 
"  Valuation,"  defined 
Ventilation  of  schoolhouses 
Vivisection  and  dissection  regulated 
"Vocational  education,"  definition  of 

State  board  for 
Vocational  rehabilitation,  acceptance  of  acts  of  congress  for 

Administration  of    . 

Appropriation  for    . 

Quarters  for    . 
Vocational  schools:  — 

Administration  and  control  of,  by  local  authorities^ 

Advisory  committees  for 

Age,  restrictions  as  to,  in  .  .  . 

Agricultural  education:  — 

County  agricultural  schools 

Definition  of     . 

Departments  in  high  schools 

Schools  for  gardening,  poultry  raising,  etc. 

Short  unit  courses     .... 

Smith's  Agricultural  School 

Approval  and  supervision  of,  by  Commissioner  of  Education 

Continuation  schools 

Co-operation  with  Federal  Board 

Co-operative  courses  approved 

Custody  of  Federal  funds 

Definitions 

District 

Federal  grants  for,  disposal  of 

Half  fares  on  railways 

Household  and  practical  art  classes  in 

Independent  industrial  schools,  establishment  of 

Independent  Shoemaking  School,  Ljmn 

Land,  taking  or  leasing  of,  for  . 

Liability  of  town  for  tuition  at 

Nautical  schools       .... 

State  Board  for  Vocational  Education 

State  reimbursement  for  . 

Textile  schools  .... 

Training  of  disabled  soldiers  and  sailors 

Training  of  teachers  for    . 

Trustees,  local,  for  vocational  education 

Tuition  of  non-resident  pupils  . 

Vocational  rehabilitation 


PAGE 

37 

77,  151 

139 

132 

38 

56 

10,60 

10 

60 

10 

10 

36,39,56,57 
57 
58,62 


61-63 
55 
58 
58 
63 
61 
56 

35-37 
59 
117,  124 
59 

55,56 
57 

59,60 
63 
58 
56 
60 

58,59 
57 
66 
10 
36.  57,  58 

65,66 
64 
59 
56 
57 
60 


103, 


w. 

Wards  of  the  Commonwealth  and  of  Boston,  tuition  of 

In  vocational  schools        ....... 

Warrants,  summons,  and  jurisdiction  of  courts,  in  care  of  truants 


75,76 

57 

81,82 


INDEX. 


199 


Weekly  payment  of  wages       ....... 

Westfield,  State  Normal  School  at  . 

Witnesses,  power  of  school  committee  to  summons     . 

Right  of  teacher  to  a  hearing  with     ..... 
Women  and  children,  employment  of.     See  Employment  of  minors. 
Women,  eligible  as  attendance  officers       ..... 

Eligible  for  public  office    ....... 

Worcester,  State  Normal  School  at  ..... 

Working  children,  continuation  schools  for         .... 

"Workshop,"  definition  of       ....... 


PAGE 

126,  127 
53 
159 
40 

81 

141 

53 

35-37 

104 


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